Legal Definitions - aforesaid

Aforesaid is a legal term used to refer to something that has already been mentioned or described earlier in the same document or conversation. It acts as a formal way to point back to a previously identified person, item, or concept, ensuring clarity and avoiding repetition.

Here are some examples illustrating its use:

• Example 1: In a Contract

  Imagine a lease agreement that first details the specific apartment being rented, including its address and unit number. Later in the document, a clause might state: "The tenant agrees to maintain the cleanliness of the aforesaid premises."

  Explanation: Here, "aforesaid premises" refers back to the specific apartment that was fully described at the beginning of the lease agreement, without needing to repeat the full address and unit number.

• Example 2: In a Legal Filing

  In a court complaint, a document might first introduce "Dr. Eleanor Vance, a licensed physician practicing in Springfield." Later, when discussing her testimony, the document could state: "The testimony of the aforesaid Dr. Vance is crucial to establishing the timeline of events."

  Explanation: "Aforesaid Dr. Vance" clearly indicates that the document is referring to the same Dr. Eleanor Vance who was previously identified and described, rather than a different person with a similar name.

• Example 3: In a Will or Trust

  A will might first specify a particular piece of jewelry, such as "my grandmother's diamond brooch." Further down, a condition might be added: "Should my daughter, Sarah, predecease me, the aforesaid brooch shall be given to my granddaughter, Lily."

  Explanation: "Aforesaid brooch" refers directly to "my grandmother's diamond brooch" that was just mentioned, ensuring there is no ambiguity about which item is being discussed in the contingency clause.