Glossary entry

Spanish term or phrase:

contador-partidor

English translation:

estate partitioner

Added to glossary by Rebecca Jowers
Oct 25, 2016 08:51
7 yrs ago
96 viewers *
Spanish term

contador-partidor

Spanish to English Law/Patents Law (general) Will/ Testament
Hi.

I am proofreading the translation of a will/testament document where the translator has translated the above as "testamentary partitioner". I want to ensure this is the correct translation as I found very few examples of this term in my research.

http://www.plusesmas.com/derechos_dinero/herencia_y_testamen...

"Partitioner"? Or should I use the original Spanish term?

Thanks
Proposed translations (English)
5 +1 estate partitioner
2 executorship accountant-cum-estate distributor
Change log

Oct 27, 2016 16:47: Rebecca Jowers Created KOG entry

Proposed translations

+1
8 mins
Selected

estate partitioner

"Testamentary partitioner" might be ok too. Also translated often as "estate distributor". Definition is "persona designada para dividir una herencia y adjudicar los bienes del causante" (person appointed to divide an estate and distribute the deceased's assets). Not necessarily the same as the executor of a will ("albacea").

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Note added at 57 mins (2016-10-25 09:48:19 GMT)
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For info, here's a description of the duties of an "albacea" (executor of a will) and "contidor-partidor" (estate partitioner/distributor).

https://tuguialegal.com/2014/08/26/albacea/


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Note added at 9 hrs (2016-10-25 18:37:44 GMT)
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To respond to Phil's assertion that both "contador-partidor" and "albacea" should be translated as "executor": The distinction made in Spanish law between "albacea" and "contador-partidor" is quite clear and I believe our translations must reflect the reality of Spanish law as accurately as possible. It is clear that "albacea" is an appropriate "functional equivalent" for "executor", given the definition of "albacea" ("persona nombrada por el testador para que encargue de dar cumplimiento a su última voluntad"). And since there is nothing quite like a "contador-partidor" in Anglo-American inheritance law (or law of succession), we must seek a translation that accurately reflects the meaning of the term in Spanish law. In view of the definition of "contador-partidor" ("persona designada para dividir una herencia y adjudicar los bienes del causante"), I believe "estate partitioner/distributor" is an appropriate rendering. Moreover, a Spanish lawyer reading a text where "contador-partidor" is translated as "executor" might assume that the translator doesn't know enough Spanish law to distinguish the two. (My two cents...)
Peer comment(s):

agree neilmac : "Not necessarily the same as the executor of a will" is handy to know :)
27 mins
Thanks, neilmac. Just for info, I'll post a link to an explanation of the difference between "albacea" and "contador-partidor"
neutral philgoddard : I've read your reference, and I believe both of these terms would translate as "executor".
9 hrs
Hi, Phil. I will respond above for lack of space here.
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4 KudoZ points awarded for this answer.
1 hr

executorship accountant-cum-estate distributor

This is not court-appointed, as the refs. show, but might well have been appointed by the testatrix (the Most Illustrious and Noble Mrs. X') in this case as opposed to a male testator,

Partition of an estate looks like division of settled land, but I stand corrected.

NB in E&W, there is an 'executor's year' to wind up the estate post-administration, make an 'assent' (conveyance) of gifts to those rightfully entitled and produce final accounts, though often thos time is overrun, sometimes by up to 25 years.
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