akte afgifte legaat
| 07:02 Oct 11, 2012 |
| Dutch to English translations [PRO] Law/Patents - Law (general) / law of succession/estate | |||||||
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| 3 | deed of delivery of a legacy |
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| 3 | Deed of Vesting of Gift; Deed of Assent (of land or leasehold) |
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| Discussion entries: 2 | |
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Answers
5 days confidence: 
deed of delivery of a legacy Explanation: Heb deze nagevraagd, en volgens Aart van den End (jur-lex samensteller, een 'legacy' is geen 'gift'. Checked this out and according to the Jur-econ lex author, a gift is not a legacy ( I had the same idea). -------------------------------------------------- Note added at 5 days (2012-10-16 15:22:18 GMT) -------------------------------------------------- D. E. C. Yale (1970). The Delivery of a Deed. The Cambridge Law Journal, 28, pp 52-74 doi:10.1017/S0008197300011600 Articles The Delivery of a Deed D. E. C. Yale “The law as to ‘delivery’ of a deed is of ancient date,” said Lord Denning M.R. in a recent case, “but it is reasonably clear. A deed is very different from a contract. On a contract for the sale of land, the contract is not binding on the parties till they have exchanged their parts. A deed is binding on the maker of it, even though the parts have not been exchanged, as long as it has been signed, sealed and delivered. ‘Delivery’ in this connection does not mean ‘handed over’ to the other side. It means delivered in the old legal sense, namely, an act done so as to evince an intention to be bound. Even though the deed remains in the possession of the maker, or of his solicitor, he is bound by it if he has done some act evincing an intention to be bound, as by saying: ‘I deliver this my act and deed.’ He may, however, make the ‘delivery’ conditional: in which case the deed is called an ‘escrow’ which becomes binding when the condition is fulfilled.” -------------------------------------------------- Note added at 5 days (2012-10-16 15:45:48 GMT) -------------------------------------------------- But now I found this: It is one of the two estates in land that are legal estates. The other is fee (simple or life). Legacy TSEM6059, TSEM6535 A legacy is strictly a gift of personal property in a will. The word is often used loosely to include real property. The correct word for a gift of real property is devise. The executor must assent to a legacy before the legatee gets it. There are three types of legacy •Specific legacy The gift is a definite thing that is clearly identified. It may, for example, be ‘my horse Ringmaster’. •General legacy The legacy is not confined to one particular thing. It is often money, although ‘the £100 in a tin box under my bed’ would be a specific legacy. •Demonstrative legacy The legacy specifically refers to the source from which it is to be paid. This could be ‘£500 from my building society account’. ____________ Which now leaves me in doubt as to what is what. Since it is a deed of issuance, but more specifically, delivery, where it means the deed is valid from the moment it is signed, unlike a contract unless the deed is drawn up on a conditional basis, then ''deed of delivery'' still seems to be right to me. |
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1 day 3 hrs confidence:
Deed of Vesting of Gift; Deed of Assent (of land or leasehold) Explanation: A website shows that a house, namely land, can be a legaat - which is a devise and not a legacy or bequest of goods, money or chattels in EN. -------------------------------------------------- Note added at 8 days (2012-10-19 19:23:56 GMT) -------------------------------------------------- I used 'gift' - in the E&W probate and notarial sense - to include both a bequest or legacy of chattels and devise of land. The latter cannot be ruled out, though it's unclear to me from the Dutch and the context. Reference: http://www.uitvaart.nl/notarieel/afwikkeling-nalatenschap/me... Reference: http://definitions.uslegal.com/d/deed-of-assent/ |
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