probate
probate — 名詞
1. the official court procedure that checks whether a dead person's will meets lega
遺囑認證
法院確認遺囑合法性的程序
the official court procedure that checks whether a dead person's will meets legal requirements and therefore takes effect as a valid instruction for handling their property and belongings.
Tamar's lawyer applied for probate of her father's will a week after the funeral.
Tamar 的律師在她父親的葬禮一週後，向法院申請了遺囑認證。
applied for probate of + will
Without probate, the bank would not release the money in Mr. Okafor's accounts.
沒有遺囑認證，銀行就不會釋放 Okafor 先生戶頭裡的錢。
without probate
The probate process took nearly eight months because two relatives challenged the will.
遺囑認證程序花了將近八個月，因為有兩名親屬對遺囑提出異議。
After the court granted probate, the executor began selling the house.
法院核准遺囑認證後，遺囑執行人便開始出售那棟房子。
- grant of probate
the official court document that results from probate, often used interchangeably in legal contexts
- letters of administration
the equivalent document when someone dies without a valid will
文法句型
probate of [a will]
grant probate
apply for probate
用法筆記
Subject is usually the will, the executor, or a court. Frequently occurs in passive constructions such as 'probate was granted'. Distinguish from noun sense 2: this sense concerns the legal procedure itself, not the tax.
常見錯誤
2. a government charge on the money, belongings, or land that a person receives whe
遺產稅
繼承死者財產時須繳的稅
a government charge on the money, belongings, or land that a person receives when someone dies and passes those items to them.
Felipe had to pay probate on his grandmother's flat before he could rent it out.
Felipe 必須支付祖母那間公寓的遺產稅，才能把公寓出租。
pay probate on + property
The solicitor explained that the cottage fell below the probate threshold, so no tax was due.
律師解釋說那棟小屋的價值低於遺產稅門檻，因此無須課稅。
probate threshold
Many families struggle with the probate bill while they are still grieving.
許多家庭在悲傷之際還要為遺產稅帳單傷腦筋。
Karim's accountant found a legal way to reduce the probate his children would have to pay.
Karim 的會計師找到了一個合法方式，可以減少子女需要繳納的遺產稅。
- inheritance tax
modern term for the same levy; more widely understood outside legal circles
- estate duty
older British term for the same charge, still used in some Commonwealth countries
文法句型
pay probate [on something]
probate tax
用法筆記
More common in British English than American. In modern UK usage this sense often overlaps with 'inheritance tax', though historically 'probate' was the official name of the duty. Distinguish from noun sense 1: this sense is about the payment; sense 1 is about the legal procedure.
常見錯誤
probate — 動詞
1. to present a dead person's will to a court so that the court can examine it, con
認證（遺囑）
經法院確認遺囑的法律效力
to present a dead person's will to a court so that the court can examine it, confirm it was signed properly, and declare it a valid legal document for distributing the person's belongings.
The executor must probate the will within thirty days of the testator's death.
遺囑執行人必須在立遺囑人去世後三十天內向法院認證遺囑。
probate + the will
Yumi's will was probated in a district court in Tokyo last November.
Yumi 的遺囑去年十一月在東京的地方法院完成了認證。
passive: was probated
If no one probates the will, the estate may be divided according to the state's default rules.
如果沒有人去認證遺囑，遺產就可能依照州法預設的規則來分配。
Charlotte's handwritten will had to be probated with two witnesses present in court.
Charlotte 的手寫遺囑必須在兩名證人出庭的情況下完成認證。
- validate a will
more general; every layperson understands this
- prove a will
the older British expression; 'proved' is still used in UK probate practice instead of 'probated'
文法句型
probate + [a will]
be probated
用法筆記
Subject is typically the executor named in the will. Frequently passive (the will is probated). In British English the noun probate is more common than the verb; in American legal practice the verb is routine. Distinguish from the noun senses: the verb names the action, not the procedure or the tax.