Legal Definitions - cum libera et plena administratione

Cum libera et plena administratione is a Latin legal phrase that translates to "with full and free power of administration." It describes a situation where an individual or entity is granted comprehensive and unrestricted authority to manage, control, and make decisions regarding specific assets, property, or affairs. This means they can act without needing frequent approvals or facing significant limitations on their administrative actions, provided they operate within the bounds of their legal duties and the initial grant of power.

Here are some examples illustrating this concept:

• Example 1: Managing a Deceased Person's Estate

  Imagine a will where a person appoints an executor and grants them "cum libera et plena administratione" over their estate. This means the executor has broad authority to collect assets, pay debts, sell property, and distribute inheritances without needing to seek court approval for every single transaction, as long as they act responsibly and in accordance with the will and legal requirements. They have the full freedom to administer the estate efficiently.

• Example 2: A Trustee's Authority Over a Trust

  Consider a family trust established to manage assets for minor children. The trust document might grant the appointed trustee "cum libera et plena administratione." This empowers the trustee to make investment decisions, manage real estate, and disburse funds for the children's education and welfare as they deem appropriate, without needing to consult a court or the children's guardians for every administrative choice. Their power to manage the trust's assets is extensive and largely unconstrained by external approvals.

• Example 3: A Business Agent's Operational Control

  A company owner might appoint a managing director for a new subsidiary and grant them "cum libera et plena administratione" regarding the subsidiary's daily operations. This gives the managing director comprehensive authority to hire staff, negotiate contracts, manage budgets, and make strategic operational decisions for the subsidiary without requiring constant approval from the parent company's board. They have the full and free power to administer the subsidiary's business affairs.