Glossary entry

Italian term or phrase:

quota di eredità

English translation:

share of the inheritance

Added to glossary by Steve Melling
Jan 10, 2013 12:35
11 yrs ago
16 viewers *
Italian term

quota di eredità

Italian to English Law/Patents Law (general) wills
Hello all,

I am translating a lawyer's letter dealing with his client's questions concerning inheritance.

The deceased's estate is made up of a "quota societaria" (I've translated that as 'shareholding') and a number of properties.

Then comes the following sentence:

""I tri eredi (moglie e due figli) concorrono ciascuno per 1/3, ma al coniuge, oltre alla **quota di eredità**, spetta un diritto di uso esclusivo delle casa familiari sfruttate da entrambi i coniugi."

I have found "reserved portion" (also "reserved quota" but that doesn't sound overly English to me).

http://www.nutargrech.com/faqs/37-wills

"My husband and I have two children. Can we leave everything to one another in our will or is there is a share to which our children are entitled?

Yes, it is possible to nominate each others as sole heirs. This will give the surviving spouse absolute power over the disposal of any assets belonging to the pre-deceased spouse without the need to obtain the children’s consent for any sale, capital withdrawal etc. Nevertheless, the children may demand the **reserved portion** due to them by law after the death of the first parent. The reserved portion amounts to one-third of all the deceased’s estate if the children are less than five in number, and to one-half of all the deceased’s estate if the children are five or more in number."

I think this corresponds to "quota di eredità". Am I right? Thank you.
Proposed translations (English)
4 +1 share of the inheritance

Discussion

Steve Melling (asker) Jan 10, 2013:
Sorry, I missed a bit (quite important too) at the beginning:

"Su questo asse i tri eredi (moglie e due figli) concorrono ciascuno per 1/3, ma al coniuge, oltre alla **quota di eredità**, spetta un diritto di uso esclusivo delle casa familiari sfruttate da entrambi i coniugi."

Proposed translations

+1
10 mins
Selected

share of the inheritance

In Italian inheritance law, unlike English law, only a portion of the deceased wealth may be freely disposed while the Law itself establishes how the rest is allocated to the various family members. Therefore the wife has a fixed share of the inheritance in any case which I would translate as indicated above.
Peer comment(s):

agree Adrian MM. (X) : no indication it's residua, so the free estate or legittimaria (Scots: legitim), so the entrenched portion on an automatic entitlement
1 day 10 hrs
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4 KudoZ points awarded for this answer. Comment: "Many thanks."
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