Glossary entry (derived from question below)
Spanish term or phrase:
manda testamentaria
English translation:
(to execute) the will
Added to glossary by
Rebecca Jowers
Oct 14, 2017 14:48
6 yrs ago
17 viewers *
Spanish term
manda testamentaria
Spanish to English
Law/Patents
Law: Contract(s)
trust agreement
Se trata de un fideicomiso revocable en donde el fiduciario y albacea solicita el reconocimiento del testamento en tal y tal país para llevar adelante "la manda testamentaria" y liquidar todos los bienes en estos países.
Latin American Spanish to U.S. English.
Latin American Spanish to U.S. English.
Proposed translations
(English)
| 4 | (to execute) the will |
Rebecca Jowers
|
| 5 | (testamentary) bequest |
Alex Ossa
|
Change log
Oct 15, 2017 15:37: Rebecca Jowers Created KOG entry
Proposed translations
24 mins
Rebecca Jowers
Spain
Spain
Native in English
Specializes in field
Spain
30 yrs experience legal-commercial
Native in: English 
Works in: English to Spanish, Spanish to English
Related KudoZ points
:
806
Selected
(to execute) the will
In this context "llevar adelante la manda testamentaria" appears to refer to what in English is termed simply "executing a will", i.e., (literally) "fulfilling the testamentary mandates."
In a more limited sense "manda testamentaria" is a synonym of "legado" (a testamentary gift, legacy, devise or bequest, depending on the context), but in your text the expression appears to refer to executing the terms of the will in general.
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Note added at 13 hrs (2017-10-15 04:45:17 GMT)
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To respond to Alex's comment:
As I clearly noted above in my second observation, in its ordinary meaning "manda testamentaria" does indeed denote (as Alex suggests) a "testamentary gift, legacy, devise or bequest". But in this specific context in which the text says that the "fiduciario" and the ALBACEA (executor of a will) are asking for "reconocimiento del testamento" (probate, or some official acknowledgement) in order to "LLEVAR ADELANTE la manda testamentaria" (carry out the provisions of the will), the sense of "llevar adelante la manda testamentaria" seems to be simply "to execute the will." In this context (and in translation, context is everything!) the "fiduciario" and the executor merely appear to be seeking the go-ahead to execute a will. This is what the context that Andrés provides seems to suggest, but he will know which choice is appropriate from the rest of the document.
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Note added at 1 day50 mins (2017-10-15 15:38:48 GMT) Post-grading
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My pleasure, Andrés. I'm glad you found this useful.
In a more limited sense "manda testamentaria" is a synonym of "legado" (a testamentary gift, legacy, devise or bequest, depending on the context), but in your text the expression appears to refer to executing the terms of the will in general.
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Note added at 13 hrs (2017-10-15 04:45:17 GMT)
--------------------------------------------------
To respond to Alex's comment:
As I clearly noted above in my second observation, in its ordinary meaning "manda testamentaria" does indeed denote (as Alex suggests) a "testamentary gift, legacy, devise or bequest". But in this specific context in which the text says that the "fiduciario" and the ALBACEA (executor of a will) are asking for "reconocimiento del testamento" (probate, or some official acknowledgement) in order to "LLEVAR ADELANTE la manda testamentaria" (carry out the provisions of the will), the sense of "llevar adelante la manda testamentaria" seems to be simply "to execute the will." In this context (and in translation, context is everything!) the "fiduciario" and the executor merely appear to be seeking the go-ahead to execute a will. This is what the context that Andrés provides seems to suggest, but he will know which choice is appropriate from the rest of the document.
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Note added at 1 day50 mins (2017-10-15 15:38:48 GMT) Post-grading
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My pleasure, Andrés. I'm glad you found this useful.
Note from asker:
| Thank you so much for sharing your expertise and for taking the time to eloquently defend your argument. |
Peer comment(s):
| neutral |
Alex Ossa
: You have a very good point in the context, although in that case a more faithful way to translate the expression para llevar a cabo la manda testamentaria might be to hono(u)r the testamentary bequest
13 hrs
|
4 KudoZ points awarded for this answer.
13 hrs
(testamentary) bequest
Manda is a bequest, in this context: def. 2 in https://es.oxforddictionaries.com/translate/spanish-english/...
testamentaria just means testamentary (or can mean testamentary proceedings, but doesn't apply here because of the manda): verified in West's Dictionary of Law and Business
Manda testamentaria is, therefore, a testamentary bequest.
I am leaving a couple of references in Spanish where it is clear that the testator is the one who executes the action, and not the executor(s).
If you google "testamentary bequest", not only will you find many references, but you might also notice that, although it's use is varied, it is often used as a title.
Given that a bequest is always a gift left in a will, I would initially say that a testamentary bequest is redundant. However, given the large number of hits for the term, I would suggest:
Use Testamentary Bequest if it is the title of the document
Prefer bequest in the body of a text to avoid unnecessary wordiness.
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Note added at 14 hrs (2017-10-15 04:56:02 GMT)
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In response to Rebecca's comment regarding the context, please consider the proposal amended to para llevar a cabo la manda testamentaria = to hono(u)r the testamentary bequest
testamentaria just means testamentary (or can mean testamentary proceedings, but doesn't apply here because of the manda): verified in West's Dictionary of Law and Business
Manda testamentaria is, therefore, a testamentary bequest.
I am leaving a couple of references in Spanish where it is clear that the testator is the one who executes the action, and not the executor(s).
If you google "testamentary bequest", not only will you find many references, but you might also notice that, although it's use is varied, it is often used as a title.
Given that a bequest is always a gift left in a will, I would initially say that a testamentary bequest is redundant. However, given the large number of hits for the term, I would suggest:
Use Testamentary Bequest if it is the title of the document
Prefer bequest in the body of a text to avoid unnecessary wordiness.
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Note added at 14 hrs (2017-10-15 04:56:02 GMT)
--------------------------------------------------
In response to Rebecca's comment regarding the context, please consider the proposal amended to para llevar a cabo la manda testamentaria = to hono(u)r the testamentary bequest
Reference:
Note from asker:
| Thanks for your input. The information you provided was very helpful and considering both points of view helped to improve my translation. |
Discussion
1) The Diccionario de la Lengua Española gives two definitions for “manda” in legal contexts: a) “legado de un testamento” and b) “testamento de última voluntad.” Thus, “manda” may refer either to a testamentary gift provided for in a will or to the will itself. The DLE indicates that the second meaning is in “desuso”, but that may be the case in Spain, while the meaning “manda = testamento” may still be used in Latin American Spanish-speaking jurisdictions. (Andrés will know!)
2) When no other context is provided “manda” (and also “legado”) are perhaps best translated simply as “testamentary gift,” since in its strictest sense “bequest” refers specifically to a gift of personal property (“bienes muebles”), while a testamentary gift of real property (“bienes inmuebles”) is more appropriately called a “devise”. “Testamentary gift” can be used to describe either.