Legal Definitions - bona memoria

Bona memoria is a Latin term that translates to "good memory." In legal contexts, it refers to a person's mental capacity, specifically their ability to recall and understand important facts, relationships, and the nature of a legal action or document. It is often used as part of the broader concept of being of "sound mind and good memory" (sanae mentis et bonae memoria), which is a fundamental requirement for performing certain legal acts, such as creating a valid will or entering into a contract.

• Example 1: Creating a Will

  Mr. Thompson, an elderly gentleman, decides to update his will. For the new will to be legally valid, he must possess bona memoria at the time he signs it. This means he must be able to remember his assets, identify his family members and other intended beneficiaries, and understand that he is distributing his property through this legal document. If, due to severe cognitive decline, he could not recall who his children were or what property he owned, a court might later determine he lacked the necessary bona memoria, potentially invalidating the will.

  This example illustrates how bona memoria is crucial for a testator to comprehend the scope and effect of their will, ensuring their intentions are genuinely reflected.

• Example 2: Entering into a Contract

  Ms. Rodriguez is negotiating a complex business contract to sell her manufacturing company. For the contract to be legally binding and enforceable, she must have bona memoria when she reviews and signs it. This requires her to remember the key terms of the agreement, the financial implications, the identities of the other parties, and the consequences of her signature. If she were suffering from a condition that severely impaired her short-term memory, making her unable to recall the specifics of the negotiation or the clauses she just read, her capacity to enter the contract could be challenged on the grounds of lacking bona memoria.

  Here, bona memoria ensures that a party to a contract fully understands and assents to its terms, making their agreement a conscious and informed decision.

• Example 3: Making a Significant Financial Gift

  Dr. Lee, a wealthy individual, decides to make a substantial charitable donation to establish a new research center at his alma mater. For this significant gift to be legally sound and not subject to future dispute, Dr. Lee must possess bona memoria at the time he commits to the donation and signs the necessary paperwork. He needs to remember the extent of his financial resources, the specific purpose of the donation, and the institution he intends to benefit. If his memory was so compromised that he forgot he had already made such a gift or could not recall the institution's name, the validity of the donation could be questioned due to a lack of bona memoria.

  This demonstrates bona memoria as the ability to recall one's financial standing and the specific intent behind a major financial transaction, ensuring the decision is made with full awareness and understanding.