clause de rapport successoral

OBS: clause de rapport successoral : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

CONT: Where property is settled on the members of a class (e.g., the children of a marriage) subject to a power of appointment among them, and part of it is appointed to one, that one is nevertheless not excluded by law from taking an equal share with the others in the part which remains unappointed, and thus obtaining a larger share than any of the others. This is usually prevented by the insertion of a clause called a hotchpot clause, which declares that no appointee shall take any share in the unappointed part without bringing his appointed share into hotchpot; that is, without adding it for the purpose of computation to the unappointed part, when the whole is divided equally. (Jowitt's, 2nd ed., 1977, p. 924)