Legal Definitions - caput mortuum

Caput mortuum is an archaic legal term that literally translates from Latin to "dead head" or "worthless residue." In a legal context, it refers to something that is absolutely void and without any legal force or effect whatsoever, from its very beginning. It means a matter or thing is completely invalid for all persons and for all purposes, as if it never legally existed.

Here are some examples to illustrate this concept:

• Illegal Contract: Imagine two individuals sign a detailed contract agreeing to share profits from a scheme to illegally smuggle goods across a border. Even though they have a written agreement, this contract is a caput mortuum. Because its entire purpose is illegal, no court would ever enforce it, nor would it create any legal rights or obligations between the parties. It is void for everyone involved and for all potential legal purposes, as if it never existed in the eyes of the law.

• Will by an Incompetent Person: Consider a situation where an individual has been legally declared mentally incapacitated by a court, meaning they lack the mental capacity to make legal decisions. If this person then attempts to draft and sign a new will, that document would be considered a caput mortuum. Due to the individual's lack of legal capacity at the time of its creation, the will is entirely void and has no legal standing. It cannot be used to distribute assets, and no one can claim rights under it because it is invalid for all purposes and all potential beneficiaries.

• Bigamous Marriage: Suppose a person, without obtaining a divorce, enters into a second marriage while still legally married to their first spouse. The second marriage ceremony, despite appearances, would be a caput mortuum. Because one party was already legally married and therefore lacked the legal capacity to enter into a new marriage, the second marriage is void from its inception. It creates no legal spousal rights, no legal obligations, and would not be recognized by any court as a valid union. It is invalid for all parties and all legal purposes.