Habrá dispensa de colación.

English translation: there shall be a collation waiver / there shall be an exemption from collation

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:Habrá dispensa de colación.
English translation:there shall be a collation waiver / there shall be an exemption from collation

16:04 Sep 25, 2022
Spanish to English translations [PRO]
Law/Patents - Law (general) / Se trata de un testamento
Spanish term or phrase: Habrá dispensa de colación.
El párrafo donde aparece la frase es: "En caso de premorir su esposa, su participación acrecerá a sus hijas en partes iguales. Habrá dispensa de colación".
José Nolasco
El Salvador
Local time: 02:28
there shall be a collation waiver / there shall be an exemption from collation
Explanation:
Louisiana Collation Law | Scott Vicknair Law
https://www.louisianasuccessionattorney.com › ...
If this happens within three years of the parent's death and there is no collation waiver in the parent's will, the other children who are forced heirs may ...

Successions - Collation of Manual Gifts
https://digitalcommons.law.lsu.edu › cgi › viewcontent
PDF
AB Atkins Jr · 1953 — A. B. Atkins Jr., Successions - Exemptions From Collation - Collation of Manual Gifts ... exemption from collation as regards manual gifts was in LeBlanc v.

Collation Explained - Louisiana Estate Planning Law
http://www.rabalaisestateplanning.com › ...
3 mar. 2018 — ... gifts are exempt from collation. I haven't seen or heard anyone around our office discuss a potential collation claim in decades.

Why is it important to deal with collation in your will? - Linked
Inhttps://www.linkedin.com › pulse
19 nov. 2018 — Collation is the process by which the inheritance of certain descendants (heirs)of the deceased is adjusted to consider any substantial benefits ...

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Note added at 4 days (2022-09-30 11:11:49 GMT) Post-grading
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¡Con gusto!
Selected response from:

andres-larsen
Venezuela
Local time: 04:28
Grading comment
¡Gracias!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3Hotchpot shall be waived. (or) Advancements shall be exempt from hotchpot.
Rebecca Jowers
3 -1commingling
Meridy Lippoldt
1there shall be a collation waiver / there shall be an exemption from collation
andres-larsen
Summary of reference entries provided
On collation and partition
Meridy Lippoldt

Discussion entries: 5





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
Hotchpot shall be waived. (or) Advancements shall be exempt from hotchpot.


Explanation:
As andres-larsen notes, “colación” is known as “collation” in English-speaking civil law jurisdictions such as Louisiana. The common law term is “hotchpot”, and the expression “traer anticipos de la herencia a colación” is “to bring advancements into hotchpot”. In the will in question, the testator provides that any advancements already given to heirs will be considered “bienes no colacionables” (“exempt from hotchpot” or “not subject to hotchpot”).

Here’s a definition

Hotchpot—the collecting of property so that it can be redistributed in equal shares, especially on the intestacy of a parent who has given property to his children in his lifetime.
https://www.dictionary.com/browse/hotchpot


Rebecca Jowers
Spain
Local time: 10:28
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2222

Peer comments on this answer (and responses from the answerer)
agree  Adrian MM.: also 'bringing into hotchpot': West. Beware of otiose comments from legally unqualified Englishmen claiming that 'only lawyers will understand the term' https://www.proz.com/kudoz/spanish-to-english/law-patents/52...
50 mins
  -> Thanks, Adrian

agree  AllegroTrans
5 hrs
  -> Thanks, Allegro

agree  Myriam Seers: Great to see you on here, Rebecca! I've learned so much from you :)
1 day 10 hrs
  -> Thanks so much, Myriam, for your kind comment.
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
commingling


Explanation:
As in “The commingling of assets is hereby waived.” I agree with Phil that “hotchpot” is a legal term of art that sounds foreign to the layman’s ears.

Meridy Lippoldt
United States
Local time: 04:28
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 95

Peer comments on this answer (and responses from the answerer)
disagree  Jennifer Levey: Regardless of whether it 'sounds foreign to the layman's ears', 'hotchpot' is relevant to Asker's question; 'commingling' is not: https://en.wikipedia.org/wiki/Commingling
1 hr
  -> Thanks Jennifer for your input.

neutral  Adrian MM.: no sign of the dispensa in the asnwer line and 'of Englishmen' means more than one.
11 hrs

neutral  Myriam Seers: The fact that it is a legal term of art in the original (a will) is exactly why we need to use the equivalent legal term of art in the translation, even where such term sounds foreign to laypeople. Colación would likewise sound foreign to Spanish laypeopl
1 day 8 hrs
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34 mins   confidence: Answerer confidence 1/5Answerer confidence 1/5
there shall be a collation waiver / there shall be an exemption from collation


Explanation:
Louisiana Collation Law | Scott Vicknair Law
https://www.louisianasuccessionattorney.com › ...
If this happens within three years of the parent's death and there is no collation waiver in the parent's will, the other children who are forced heirs may ...

Successions - Collation of Manual Gifts
https://digitalcommons.law.lsu.edu › cgi › viewcontent
PDF
AB Atkins Jr · 1953 — A. B. Atkins Jr., Successions - Exemptions From Collation - Collation of Manual Gifts ... exemption from collation as regards manual gifts was in LeBlanc v.

Collation Explained - Louisiana Estate Planning Law
http://www.rabalaisestateplanning.com › ...
3 mar. 2018 — ... gifts are exempt from collation. I haven't seen or heard anyone around our office discuss a potential collation claim in decades.

Why is it important to deal with collation in your will? - Linked
Inhttps://www.linkedin.com › pulse
19 nov. 2018 — Collation is the process by which the inheritance of certain descendants (heirs)of the deceased is adjusted to consider any substantial benefits ...

--------------------------------------------------
Note added at 4 days (2022-09-30 11:11:49 GMT) Post-grading
--------------------------------------------------

¡Con gusto!

andres-larsen
Venezuela
Local time: 04:28
Native speaker of: Native in EnglishEnglish
PRO pts in category: 149
Grading comment
¡Gracias!
Login to enter a peer comment (or grade)




Reference comments


1 hr
Reference: On collation and partition

Reference information:
Article 1037 of the Spanish Civil Code states”Collation shall not take place between forced heirs if the donor should have expressly provided it…..” (translation not mine)

Meridy Lippoldt
United States
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 95
Login to enter a peer comment (or grade)



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