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22:14 Jan 9, 2022 

Yes, what they're waiving is the right to exercise their statutory right to take against the other's will.

Since there's no context, it seems like an odd provision to me, because normally when we talk about a spouse electing an inheritance right against their deceased spouse's estate, it's referring to their elective share (their right to inherit X%, usually 33% or 50%, of the spouse's estate even if the will left them less than that percentage).

But in context, I would imagine it makes sense; it might just be a way of ensuring that the spouse cannot possibly claim any right to inherit in any way other than whatever is specifically set forth in the rest of the document Sylvie's translating. It may be a way to insulate the estate not only against statutory claims, but against lawsuits from the surviving spouse (since this spells out that he or she has absolutely no possible claim).

17:04 Jan 9, 2022 

oui Germaine je sais bien ... ; )

13:24 Jan 9, 2022 

La question porte sur elect to take against any last will, pas sur waive any right… to take against any last will. Sylvie André est parfaitement capable de traduire seule waive any right to. Voir ma réponse pour la définition de elect to take against any last will.

23:09 Jan 8, 2022 

Donc, si je comprends bien l'explication donnée (et pour ce que je sais de l'exercice des "choix" légaux en matière successorale), on aurait:
"Chacun des [conjoints][époux] renonce par les présentes à tout droit en common law et en equity qu'ils peuvent avoir l'un ou l'autre actuellement, ou acquérir ci-après en vertu de la loi de quelque ressort, d'exercer un choix à l'égard du testament ou du codicille de l'autre."
puisque somme toute, c'est à l'exercice du choix éventuellement offert qu'ils renoncent, et non aux dispositions d'un testament/codicille ou de la loi ou au bénéfice de l'un au profit/détriment de l'autre.

20:05 Jan 8, 2022 

Each spouse "waives any... rights... to elect to take against any last will... made by the other."

On its own that seems like an odd provision, but the rest of the document probably gives context (unless it's badly drafted). It sounds like this may be a trust or prenuptial agreement, and the spouses have set up a certain way of providing property to each other if one of them dies (e.g., maybe they've set up trusts or bought life insurance with each other as beneficiary).

Having done that, now, in the doc Sylvie's translating, they're RENOUNCING the right to choose to inherit under each other's wills.

So translations that suggest any of the following are wrong:
- That they're renouncing the right to CONTEST each other's wills;
- That they're renouncing the right to choose to REJECT each other's testamentary dispositions (wills);
- That they're waiving the right to renounce the will's dispositions in favor of their elective share.

I haven't proposed a translation because AFAIK none of this exists under FR law, and I'm not familiar enough w/the language of FR inheritance law to invent appropriate language for it. But none of the proposed translations seems correct to me.

18:07 Jan 7, 2022 

"This seemingly cryptic expression 'to elect to take against the will' denotes 'a spouse’s statutory right to choose, upon the other spouse’s death, either the share under the deceased spouse’s will or the share of the estate as defined in the probate statute, which usually amounts to what a spouse would have received had he died intestate'."
https://rebeccajowers.com/2020/10/07/weird-legal-english-wha...

The document being translated here says that both spouses agree that if they are the surviving spouse, they waive (renoncer) their statutory right to claim a share under the deceased spouse's will or any codicil to that will.

16:38 Jan 7, 2022 

Please post as suggestion