Glossary entry

Dutch term or phrase:

belofte van vrijwaring jegens de erfgenamen

English translation:

undertaking or covenant to indemnify the heirs

Added to glossary by Adrian MM. (X)
Aug 5, 2016 09:16
7 yrs ago
5 viewers *
Dutch term

belofte van vrijwaring jegens de erfgenamen

Dutch to English Law/Patents Law: Contract(s) Cohabitation agreement
Sentence from the cohabitation agreement, regarding what happens with the jointly owned property if one of the partner dies.
Proposed translations (English)
2 +3 (formal) undertaking > (in a UK deed) covenant > to indemnify the heirs
Change log

Aug 7, 2016 10:02: Adrian MM. (X) Created KOG entry

Discussion

Kitty Brussaard Aug 5, 2016:
@Adrian This is about a cohabitation agreement (NL samenlevingscontract/samenlevingsovereenkomst) so I think 'heirs' fits the bill here :-).

@Olga: "the surviving partner undertakes to pay their [joint] debts as if they were his/her own" > Adrian's solution makes perfect sense and covers this provision adequately I would say. As far as I can see, this provision is about the surviving partner undertaking to indemnify the deceased partner's heirs against any claims arising from such debts.
Adrian MM. (X) Aug 5, 2016:
Heirs vs. assigns and successors-in-title A (BrE) deceased > (AmE) decedent > has heirs or heiresses. But, in a business, these may be 'assigns (assignees) and successors'
Olga El-Hagoug (asker) Aug 5, 2016:
No clue Honestly speaking, I have no clue. There is no mention of any heirs at any point in the agreement, except of this only sentence. Previously: the surviving partner undertakes to pay their debts as if they were his/her own. I thought it was some kind of standard sentence in such agreements, regardless of whether there are actually any heirs
PS Thanks a lot for this fruitful discussion!
Kirsten Bodart Aug 5, 2016:
Oh, yes of course! I think you might be right.
Michael Beijer Aug 5, 2016:
Looks like some kind of pledge to indemnify the heirs/beneficiaries (if one of the partners dies) from any debts, liabilities or other claims arising out of or in connection with the stuff they will get.

see: "What should be included within a cohabitation agreement?
Financial issues are a major part of a cohabitation agreement. The agreement must cover what rights each partner has in relation to the property you live in, who owns what assets and who is responsible for any debts. The agreement can also look at how you will share expenses while you live together. If you have children either jointly or with a previous partner this should also be addressed within the agreement." (http://www.bannerjones.co.uk/frequently-asked-questions?page... )

We need more context. E.g., who exactly are "de erfgenamen"?
Kirsten Bodart Aug 5, 2016:
At first sight it could be preservation or something, i.e. that the partners agree, in spite of the law, not to have the marital estate split between the surviving partner and the children or divided among the children of one partner while the other patner is left with nothing.

But I agree with Willemina, more context please.
Willemina Hagenauw Aug 5, 2016:
More information? Do you have some more information. Is it in the context that the other partner gets the property if one of the partners dies so that the heirs of the deceased partner cannot inherit?

Proposed translations

+3
1 hr
Selected

(formal) undertaking > (in a UK deed) covenant > to indemnify the heirs

Thanks to everyone in the discussion entries. I know EN but not NL probate & succession.

Even if both partners are lawyers, I would avoid a 'Solicitor's Undertaking' that triggers all kinds of consequences in the UK.

PS Deed in the US means a conveyance of land but IMO there is no problem using covenant for AmE consumption cf 'covenant against the acts of the grantor'.
Peer comment(s):

agree Kitty Brussaard : Indeed, in the absence of further context (which would have been helpful if not wise for asker to provide), I agree that this is exactly what the source text says. / Glad to hear so :-)
2 hrs
Dank je - you are as wise as I thought.
agree Tina Vonhof (X)
3 hrs
Dank je!
agree John Holloway
16 hrs
Dank je and thanks!
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3 KudoZ points awarded for this answer. Comment: "Thanks a lot!"
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