Legal Definitions - ad non executa

ad non executa

ad non executa is a historical Latin legal phrase meaning "for the things not executed" or "for the unperformed matters." It refers to duties, tasks, or obligations that were legally required to be carried out but were left undone, particularly by someone entrusted with their performance, such as an executor of a will or a public official.

• An executor's failure to distribute assets: After a person passed away, their will appointed an executor to sell their house and distribute the proceeds equally among their three children. However, the executor neglected to list the property for sale for several years, allowing it to fall into disrepair and delaying the inheritance.
  • This situation would be described as ad non executa because the executor failed to perform the specific duties mandated by the will, leaving the task of asset distribution unexecuted.
• Unfinished contractual obligations: A local government contracted with a construction company to build a new public park within an 18-month timeframe. The company started the project but, due to mismanagement, abandoned it after only six months, leaving the park incomplete and unusable.
  • Here, the construction company's failure to complete the park according to the contract represents ad non executa, as the agreed-upon work and obligations were not executed.
• A trustee's neglected duties: A trustee was appointed to manage a trust fund established for a minor child, with a clear directive to invest the funds prudently to ensure growth for the child's future education. The trustee, however, simply left the funds in a basic savings account with minimal interest for over a decade, failing to actively manage or invest them as required.
  • The trustee's inaction and failure to follow the investment directives illustrate ad non executa, as their fiduciary duties to manage and grow the trust assets were not properly executed.