Legal Definitions - contra tabulas

Contra tabulas is a Latin legal phrase meaning "against the documents" or "against the written records." In modern legal contexts, it most commonly refers to a legal action or claim that seeks to override or challenge the explicit provisions of a written legal document, particularly a will, based on specific legal principles or statutory rights. It signifies a situation where a court may set aside or modify the terms of a document to ensure fairness, uphold legal duties, or protect the rights of certain individuals, even if those individuals were explicitly excluded or given less than their legal entitlement in the document itself.

Here are some examples illustrating this concept:

• Disinherited Child's Claim:

  Scenario: A parent drafts a will that explicitly states their only child is to receive nothing from their estate, with all assets being left to a distant cousin.

  Illustration: The child might initiate a legal challenge contra tabulas, arguing that local inheritance laws (such as "forced heirship" provisions in some jurisdictions, or laws protecting "pretermitted heirs" who were unintentionally omitted) entitle them to a portion of the estate, regardless of the will's explicit exclusion. If successful, the court would award a share of the inheritance to the child, effectively overriding the will's written terms based on legal principles designed to protect close family members.

• Surviving Spouse's Elective Share:

  Scenario: A husband creates a will that attempts to leave all his assets to a charitable organization, completely excluding his wife of 30 years.

  Illustration: The surviving wife could file a claim contra tabulas to assert her legal right to an "elective share" or "forced share" of the estate. Many jurisdictions have statutes that prevent a spouse from being completely disinherited, allowing the surviving spouse to claim a statutory percentage of the deceased spouse's estate. Even though the will explicitly states the wife receives nothing, the law allows her claim to prevail against the written document to ensure she receives her legal entitlement.