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Tradución xurídica-administrativa (parte inversa)BLOQUE A. Testamentos
A.1 – Last Will and Testament
Término en inglés Término en español Info
Instrument by which a person
makes a disposition of their
real and personal property. It
will take effect after
Will Testamento someone’s death. It may be
altered during the lifetime of
the testator by amending,
destroying of by adding
codicils.
They administer the estate of
Executor Albacea testamentario
the testator.
Estate Patrimonio
Testator Testador Person who makes the will.
Codicil Nuevas disposiciones
Person who inherit the
Beneficiary Beneficiario/heredero
property of the deceased.
Common name for
Heir Heredero
beneficiaries.
Legacy Legado
Minor beneficiary who
receive legacies or gifts of
Legatee Legatario
personal property under a
will.
Person who dies without
having made a will. There are
Intestate (adj) Intestado
separate rules for dealign with
it.
Branch of law that deals with
matters relating to wills
(succcession, inheritante and
administration of the
Probate Derecho testamentario
deceased’s estate). Also, it
deals with any probate action
brought by interested parties
when a will is disputed.
Succession Sucesión
Inheritance Herencia
Administration Ejecución/administración
1
, The aim of probate is twofold:
o to ensure compliance with the testator’s wishes for the distribution of his estate.
o to guarantee the rights of the beneficiaries and successors of the deceased.
In order to give effect to the testator’s wishes, the executors must apply to the Family Division
of the High Court for a grant of probate (certificado de autenticidad del testamento). Along with
the application they should enclose a number of documents, including a copy of the will and an
affidavit (declaración jurada), in which they undertake to administer the estate in accordance
with the deceased’s wishes and an Inland revenue account. Where the will is undisputed,
probate is granted in ‘common form’ (certificado ordinario), but in contentious probate cases
the resulting certificate is issued in what is called ‘solemn form’. In both cases, the certificate
declares the validity of the will that has been proved and authorizes the executors to proceed
with the administration of the estate.
Contentious probate proceedings (juicios de testamentaría) are heard in the County Court or in
the Chancery Division of the High Court, depending on the value of the estate, though such
cases are the exception rather than the rule, since most wills are undisputed and grants of
probate are usually a mere formality. In cases of intestacy, an administrator (ejecutor, albacea
judicial) is appointed by the court at the request of an interested party. This is done by granting
a ‘letter of administration’ authorizing the person named to be overseen the distribution of the
estate.
a) Debt clause
b) Distribution clause
c) Common disaster clause
d) Survivorship clause (in the event that a beneficiary predeceased the testator)
e) Executor appointment clause
f) Guardians appointment clause
g) Saving clause (guard against the possibility of the whole will’s being declared invalid in
a probe action because of some technical illegality in one of its parts)
h) Signature
i) Attestation clause, or testing clause in testimonium
A.2 – The power of attorney
The document known as a ‘power of attorney’ entitles the holder of attorney (apoderado) to act
on behalf on (en nombre de) the donor (poderdante), defend the principal’s legal rights and
interests and represent them in court when necessary. It is a particular type of contractual
agreement by which a principal empowers an agent to act for them. Just as there are contracts
that are required by law to be drafted in the form of deeds (escrituras), a power to execute a
deed must be given by a deed. To ensure that the attorney does not cheat the donor or go beyond
their wishes, the power specifies the acts, or kind of acts, the attorney may perdorm. It is
normally itself a document under seal (documento protocolizado) acknowledged (otorgado) in
the presence of a solicitor or notary public. It can be revoked at any time and is revoked
automatically on the death of the donor. The macrostructure is as follows:
a) Commencement and performative act
b) The operative part (the attorney’s rights and duties are explicitly laid out)
b.1) to manage and administer
b.2) investment and disposition
b.3) to lend to borrow
b.4) action in legal proceedings
b.5) substitution (sundry powers)
2
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