Nov 26, 2023 01:41
6 mos ago
32 viewers *
German term
Canada
Hinführung zum Nachlass
German to English
Law/Patents
Law (general)
Testamentary law
This appears in a power of attorney granted by the putative heir of an estate to a probate research firm. In it, he authorizes the firm to do various things, the first of which is to collect all the documents and proof that testify to his kinship with the deceased and his status as the heir. The second item on the list is:
"Die Hinführung zum Nachlass in tatsächlicher Hinsicht".
The other items on the list are various activities involved in winding up the estate (although the probate research firm itself does not provide legal services per se).
Frankly, I'm stumped - I'd be grateful if a legal expert could give some insights into this.
TIA!
"Die Hinführung zum Nachlass in tatsächlicher Hinsicht".
The other items on the list are various activities involved in winding up the estate (although the probate research firm itself does not provide legal services per se).
Frankly, I'm stumped - I'd be grateful if a legal expert could give some insights into this.
TIA!
Proposed translations
(English)
| 3 | investigation -> tracing into the (CanE/BrE: deceased's) estate in practical respects |
Adrian MM.
|
| 1 +1 | introduction to or overview of the decedent's estate |
Andres Larsen
|
Proposed translations
6 hrs
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
119
German term (edited):
Hinführung zum Nachlass in tatsächlicher Hinsicht
Selected
investigation -> tracing into the (CanE/BrE: deceased's) estate in practical respects
Would be useful to know what German-speaking country this is, as 'Hinführung' doesn't look like a legal term of art, though the extension of 'in tatsächlicher Hinsicht' literally leads me from an investigation into the estate to a 'tracing (of assets) right into..'
Though 'decedent' for the deceased is also used in Canada, it is AFAIK = as far as I know commoner in the US of A.
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Note added at 1 day 6 hrs (2023-11-27 08:23:42 GMT) Post-grading
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Asker - you are welcome. I couldn't but help feeling that the whole phrase had been a back-translation from 'tracing into assets of an estate'. Cut to the Anglo-Canadian law of Equitable vs. Common Law tracing.
Though 'decedent' for the deceased is also used in Canada, it is AFAIK = as far as I know commoner in the US of A.
--------------------------------------------------
Note added at 1 day 6 hrs (2023-11-27 08:23:42 GMT) Post-grading
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Asker - you are welcome. I couldn't but help feeling that the whole phrase had been a back-translation from 'tracing into assets of an estate'. Cut to the Anglo-Canadian law of Equitable vs. Common Law tracing.
Example sentence:
Claim documentation. I specialize in tracing missing heirs and submitting the lost claims to the relevant solicitors
Tracing is a legal process, not a remedy, by which a claimant demonstrates what has happened to his/her property, identifies its proceeds and those persons who have handled or received them, and asks the court to award a proprietary remedy.
Reference:
http://www.proz.com/kudoz/german-to-english/it-information-technology/2029391-hinführung.html
4 KudoZ points awarded for this answer.
Comment: "Thanks Adrian! The document was drafted by the probate research firm in Germany :)"
+1
44 mins
Andres Larsen
Venezuela
Venezuela
Native in English
Venezuela
freelance translator
Native in: English
Works in: Spanish to English, English to Spanish, German to English, and 3 more.
Related KudoZ points
:
123
introduction to or overview of the decedent's estate
introduction to or overview of the decedent's estate on a factual basis / on a basis in fact
Limited Liability Companies and Estate Planning
https://digitalcommons.sacredheart.edu › cgi › vie...
PDF
JD Larobina · 2005 — The court made a factual determination that the decedent at any time could have directed that the ... court could not find on a factual basis that those in a ...
trusts and estates outline - NYU School of Law
https://www.law.nyu.edu › upload_documents
DOC
... decedent's estate introduced clear evidence that the joint account was only for convenience ... basis in fact, although T could have been mistaken in his belief.
Limited Liability Companies and Estate Planning
https://digitalcommons.sacredheart.edu › cgi › vie...
JD Larobina · 2005 — The court made a factual determination that the decedent at any time could have directed that the ... court could not find on a factual basis that those in a ...
trusts and estates outline - NYU School of Law
https://www.law.nyu.edu › upload_documents
DOC
... decedent's estate introduced clear evidence that the joint account was only for convenience ... basis in fact, although T could have been mistaken in his belief.
Peer comment(s):
| agree |
Andrew Bramhall
: Clear, concise,eindeutig,and to the point, avoiding waffle.
1 day 6 hrs
|
Discussion
https://www.rudolph-recht.de/rechtsmittel-im-strafrecht/
...or, way closer to your context:
"Lebt ein Abkömmling des Erblassers nicht mehr, so treten an seine Stelle seine Abkömmlinge (sog. Eintrittsrecht), mehrere zu gleichen Teilen. Dieses Nachrücken bezeichnet man als Eintrittsrecht...Das Eintrittsrecht besteht sowohl in tatsächlicher Hinsicht wie auch in rechtlicher Hinsicht. Tatsächlich besteht es, wenn ein Abkömmling vorverstorben ist. Rechtlich besteht es, wenn...die Erbschaft ausgeschlagen hat...oder für erbunwürdig erklärt worden ist."
https://www.notar-dols-berlin.de/notar/erbrecht/
Typically, something like "legally and factually (though not ideal here):
"The evidence is both legally and factually sufficient to support the trial court's findings that the property was not susceptible to an equitable partition in kind..."
https://casetext.com/case/taylor-v-hill-3?resultsNav=false
Best
First off, not too long ago, we had an EN > DE question that seems to relate to your Q:
https://www.proz.com/kudoz/english-to-german/law-general/716...
See d-box posts. I suggested "Vorbereitung" there, which you'll also find here:
"Keine Teilungskompetenz des Willensvollstreckers
keine autoritative Erbteilung durch den Willensvollstrecker
nur Vorbereitung der Erbteilung (Teilungsplan, Entwurf Teilungsvertrag) und Hinführung der Erben zur Teilung
Erbteilung wird erst mit schriftlichem Erbteilungsvertrag, Realteilung oder
gerichtlichem Urteil perfekt"
https://www.szlaw.ch/files/cto_layout/pdf_referate/referate_...
You essentially "assign" them here (though that's IT speak, ofc).
As for "in tatächlicher Hinsicht," that's the opposite of "in rechtlicher Hinsicht," as in...
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