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Statutory heir / Gesetzlicher Erbe 3

am 09.12.2005 von http://transblawg.eu

To sum up: in German law, there are Erben whether a person made a will or not. (Gesetzliche Erbfolge - gewillkürte Erbfolge) So sometimes the term gesetzlicher Erbe needs to be translated. What do you do, when it really matters?

Strictly speaking, statutory heir or heir on intestacy is almost too much of a good thing, since in common-law systems the word heir implies that there was no will.

I had to translate this and asked a number of other legal translators which they liked. The most popular answer was ‘I don’t know much about inheritance law’.

I wanted to use the term ‘intestacy’, but I’m told ‘statutory heir’ is normal usage in the USA. I did eventually get a lot of information from one US legal translator, who shall be nameless unless he would prefer to be outed. He suggested Google searches on
“statutory heirs” “uniform probate code”
Other ways of getting US sites are site:edu and site:us

I have to repeat that the word heirs is not used in English law at all. Hence comparing results for heirs on intestacy might be misleading. I also reject the suggestion of intestate heir, because it sounds to me as if the heir has neglected to make a will, which may or may not be true. But this term too is encountered on US sites. Heir on intestacy is comprehensible in the US, but sounds a bit …

Heir on intestacy / Statutory heir / Gesetzlicher Erbe

Transblawg / Some problems here: In US law, there is an heir Gifis: heirs: strictly, those whom statutory law would appoint to inherit an estate should the ancestor die without a will. Synonyms: heirs at law, rightful heir, legal heirs. The term is often applie…

Heir Disinherited

German American Law Journal :: American Edition / CK - Washington.   Disinheriting a statutory heir is almost impossible under German law unless an heir seeks to kill or assault the testator. A recent decision, case numbers 1 BvR 1644/00 and 1 BvR 188/03, by the Supreme Constitutional Court fin…

Statutory heir / gesetzlicher Erbe 2

Transblawg / Here is the vocabulary used nowadays for those who inherit: Germany Testament: Erbe, Vermächtnisnehmer Gesetzliche Erbfolge: Erbe England Will: beneficiary Intestate succession: beneficiary USA Will: beneficiary (devisee: of real estate, lega…

Nacherbe is *not* reversionary heir

Transblawg / Excuse me tearing my hair out, but I’ve just seen this recommended yet again, and it’s in several dictionaries, and it is wrong! Under German law, a testator may leave stuff to a Vorerbe (prior heir) and a Nacherbe (subsequent...…

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Transblawg / The word regeln is used a lot in German legal texts. I’ve always been irritated to see it translated as regulate. I recently received a query quoting a question ‘Is theft regulated by the common law in England and Wales?’ This is…

Possession Vests in Heir

German American Law Journal :: American Edition / CK - Washington.   Johanna Knapp published at recht-in.de a useful overview of the civil code rules that apply to possessory rights of an heir after an inheritance. Generally, under German law, an heir steps into the shoes of the decedent. Unlik…

Statutory Share in Estate

German American Law Journal :: American Edition / CK - Washington.   Under the inheritance rules of the Civil Code, heirs may be entitled to a statutory share in an estate. Certain gifts made before the death of the decedent reduce the estate in a manner that affords heirs a claim to their retu…

German-English translation weblog

Transblawg / Translation in the Trenches - ‘a blow-by-blow [account?] of a dog-eat-dog world’ is a translator’s weblog I’m unfamiliar with. I have my suspicions as to who Trench Warrior might be, but perhaps I’m wrong. Anyway, he men…

German Civil Code in English/BGB auf Englisch online

Transblawg / The Bundesjustizministerium has put an English translation of the German Civil Code online. It was done by Langenscheidt Übersetzungsservice. The same provisos apply as in the last entry with reference to translations of the Criminal Code! I w…

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