Glossary entry (derived from question below)
English term or phrase:
Order Admitting Will
French translation:
homologation d'un testament
Added to glossary by
Jennifer Levey
Jan 16, 2017 21:56
7 yrs ago
5 viewers *
English term
Order Admitting Will
English to French
Law/Patents
Law (general)
succession
I, X, Register in Probate of the Circuit Court, Probate Office of said County, do hereby certify that I have compared the unnexed copy of Will of Paul Smith, Order Admitting Will, Order on Petition for Summary Settlement with the original document thereof, now on file and record in the Office of the Register in Probate of said Circuit Court, as required by law to be in my custody, and that the same is a correct transcript therefrom, and of the whole thereof.
Proposed translations
(French)
4 +2 | homologation d'un testament |
Jennifer Levey
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4 +1 | acte probatif du testament |
FX Fraipont (X)
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Change log
Jan 29, 2017 20:00: Jennifer Levey Created KOG entry
Proposed translations
+2
2 hrs
Selected
homologation d'un testament
“Order admitting will” is equivalent to the anglo-saxon expressions “grant of probate”, or “letter of probate”.
Then, as is so often the case, the appropriate translation in French depends on the target readership.
In Canada, for example:
http://web2.gov.mb.ca/laws/statutes/ccsm/c290f.php
Where, after the grant of probate or administration, property belonging to the deceased at the time of his death, and not included in the inventory, is discovered ...
-->
Lorsqu'après avoir obtenu l'octroi d'homologation ou d'administration, l'exécuteur testamentaire ou l'administrateur découvre des biens qui appartenaient à la personne [...]
Elsewhere (precise jurisdiction not specified):
http://www.wordreference.com/enfr/probate
letter of probate
-->
à lettre d’homologation
or (again, jurisdiction not specified):
The Minister may direct in any particular case that an application for the grant of probate of the will ...
-->
Dans tout cas particulier, le ministre peut ordonner qu'une demande en vue d'obtenir l'homologation d'un testament.
Slightly OT: it's important to avoid confusion between the terms (and translations of) "grant of probate" and "administration"; those are different concepts, used in different circumstances.
Then, as is so often the case, the appropriate translation in French depends on the target readership.
In Canada, for example:
http://web2.gov.mb.ca/laws/statutes/ccsm/c290f.php
Where, after the grant of probate or administration, property belonging to the deceased at the time of his death, and not included in the inventory, is discovered ...
-->
Lorsqu'après avoir obtenu l'octroi d'homologation ou d'administration, l'exécuteur testamentaire ou l'administrateur découvre des biens qui appartenaient à la personne [...]
Elsewhere (precise jurisdiction not specified):
http://www.wordreference.com/enfr/probate
letter of probate
-->
à lettre d’homologation
or (again, jurisdiction not specified):
The Minister may direct in any particular case that an application for the grant of probate of the will ...
-->
Dans tout cas particulier, le ministre peut ordonner qu'une demande en vue d'obtenir l'homologation d'un testament.
Slightly OT: it's important to avoid confusion between the terms (and translations of) "grant of probate" and "administration"; those are different concepts, used in different circumstances.
4 KudoZ points awarded for this answer.
Comment: "merci !"
+1
7 mins
acte probatif du testament
"Probate
Many people believe that a will takes effect on the day it is drafted or, if not, on the date of death of the drafter of the will (called the “testator”). Although Texas law provides that title to the decedent’s property “vests” in his will beneficiaries or, if there is no will, his heirs on the date of the decedent’s death, the beneficiary’s right to take possession of the property is subject to the administration of the estate. Probate is the process wherby a will is recognized as the valid last will of the testator and, in many cases, facilitates the appointment of an executor or administrator to administer the estate. The process involves the filing of an application by an interested party, usually the named executor, and a hearing after which the court will enter an order admitting the will to probate if the court is satisfied that the applicant has met his burden of proof. The order becomes a part of the county records. Once the executor or administrator is appointed, they will then administer the estate."
http://tamborellolaw.com/articles-speeches/
Many people believe that a will takes effect on the day it is drafted or, if not, on the date of death of the drafter of the will (called the “testator”). Although Texas law provides that title to the decedent’s property “vests” in his will beneficiaries or, if there is no will, his heirs on the date of the decedent’s death, the beneficiary’s right to take possession of the property is subject to the administration of the estate. Probate is the process wherby a will is recognized as the valid last will of the testator and, in many cases, facilitates the appointment of an executor or administrator to administer the estate. The process involves the filing of an application by an interested party, usually the named executor, and a hearing after which the court will enter an order admitting the will to probate if the court is satisfied that the applicant has met his burden of proof. The order becomes a part of the county records. Once the executor or administrator is appointed, they will then administer the estate."
http://tamborellolaw.com/articles-speeches/
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