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Simple English definitions for legal terms
ascertained
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A quick definition of ascertained:
Term: Ascertained
Definition: When we say something is "ascertained," it means that we have found out about it for sure. It's like when you finish a puzzle and you know exactly what the picture looks like. The word "ascertain" means to make sure of something, like when a judge decides something in court. For example, we can say that we have ascertained that a person is alive and can be identified, but we haven't yet figured out who their heirs are. We can also say that we have ascertained how much of a deceased person's property their widow should get.
A more thorough explanation:
Definition: "Ascertained" means something is found out with certainty, it is used after the "ascertain" is finished. "Ascertain" means to make certain; to establish with certainty, by the finding and judgment or decree of the court.
First, "ascertained" could be used to express that a particular individual that holds a future interest is alive and may be identified. For example, if a person's will states that their property will go to their grandchildren when they turn 25, the grandchildren are unascertained until they reach that age and can be identified.
Second, "ascertained" could also be used to express that something has already been established with certainty. For example, the act by which a widow's share in her deceased husband's real estate is ascertained and set apart to her. This means that the court has determined how much of the property the widow is entitled to and has set it aside for her.
These examples illustrate how "ascertained" is used to indicate that something has been definitively established or identified.