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utfående av min laglott

English translation: obtaining of my statutory entitlement as a forced heir > E&W: \'entrenched portion\' of inheritance

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Swedish term or phrase:utfående av min laglott
English translation:obtaining of my statutory entitlement as a forced heir > E&W: \'entrenched portion\' of inheritance
Entered by: dmesnier

19:17 Oct 26, 2020
Swedish to English translations [PRO]
Law/Patents - Law (general) / Will
Swedish term or phrase: utfående av min laglott
Hi - looking for help on this part of the sentence below. This is a dictation of someone's will - I understand "utfående av laglott" is "to obtain the legal share" but the "min" is throwing me. Is this "to obtain the legal share of my estate" or is it referring to something else? "to obtain my legal share" makes little sense. Thanks for your help!


Undertecknad har tagit del av detta testamente samt påkallar jämkning i testamentet för utfående av min laglott.
dmesnier
United States
Local time: 03:25
obtaining of my statutory entitlement as a forced heir > E&W: 'entrenched portion' of inheritance
Explanation:
utfående > obtaining or vesting: in probate called assenting to the rightful heirs or beneficiaries.

namely: '... the share of inheritance that is due to me as a forced heir'

Forced heirship also exists in the French civil-law US Fed. State of Louisana and is called a 'reserved share', normally of next-of-kin. In E&W a statutory, entrenched portion, available to beneficiaries only on intestacy. In Scotland, is known as a 'bairn's part' / child's share or 'legitim' cf. legitima in ESP.

Laglottsystem > forced heirship

Compare Pflichtteilberechtigung in DEU.

Laglott, Juridikens termer, Almqvist & Wiksell > 'den del / 'hälften' e.g. of a surviving spouse av bröstarvinges eller dennes avkomlings arvslott, som i princip inte får inskränkas av arvlåtaren genom testamemt.' the other freely disposable half is called the *free estate*.

Perhaps someone else can explain it better, esp. with reference to the US of A.

Obiter, i have been trying to push for forced heirship in E&W to avoid inheritance disputes, but with no luck so far....

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Note added at 6 jours (2020-11-02 09:13:10 GMT) Post-grading
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PS 'inheritance that is due to me as heir' is misleading and potentially professionally negligent as could mean under the Will, whereas a 'laglott' takes effect 'dehors' the Will or outside the Will and by operation of law.
Selected response from:

Adrian MM.
Austria
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4obtaining of my statutory entitlement as a forced heir > E&W: 'entrenched portion' of inheritance
Adrian MM.


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obtaining of my statutory entitlement as a forced heir > E&W: 'entrenched portion' of inheritance


Explanation:
utfående > obtaining or vesting: in probate called assenting to the rightful heirs or beneficiaries.

namely: '... the share of inheritance that is due to me as a forced heir'

Forced heirship also exists in the French civil-law US Fed. State of Louisana and is called a 'reserved share', normally of next-of-kin. In E&W a statutory, entrenched portion, available to beneficiaries only on intestacy. In Scotland, is known as a 'bairn's part' / child's share or 'legitim' cf. legitima in ESP.

Laglottsystem > forced heirship

Compare Pflichtteilberechtigung in DEU.

Laglott, Juridikens termer, Almqvist & Wiksell > 'den del / 'hälften' e.g. of a surviving spouse av bröstarvinges eller dennes avkomlings arvslott, som i princip inte får inskränkas av arvlåtaren genom testamemt.' the other freely disposable half is called the *free estate*.

Perhaps someone else can explain it better, esp. with reference to the US of A.

Obiter, i have been trying to push for forced heirship in E&W to avoid inheritance disputes, but with no luck so far....

--------------------------------------------------
Note added at 6 jours (2020-11-02 09:13:10 GMT) Post-grading
--------------------------------------------------

PS 'inheritance that is due to me as heir' is misleading and potentially professionally negligent as could mean under the Will, whereas a 'laglott' takes effect 'dehors' the Will or outside the Will and by operation of law.

Example sentence(s):
  • IATE: rätt till laglott Council en right to a reserved share preferred Council indefeasible interest
  • sv laglottsberättigad arvinge COM en heir who cannot be totally disinherited COM person entitled to a reserved share Council forced heir

    Reference: http://iate.europa.eu/search/standard/result/1603742173958/1
    Reference: http://iate.europa.eu/search/standard/result/1603742433194/1
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 37
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