Legal Definitions - de non sane memorie

De non sane memorie is a Latin legal phrase meaning of unsound mind or lacking sound memory. It describes a person who, due to mental incapacity, does not possess the necessary understanding to make rational decisions or comprehend the nature and consequences of their actions, particularly in legal matters. This state can significantly impact the validity of legal documents, agreements, or transactions.

Here are some examples illustrating this concept:

• Example 1: Challenging a Will

  An elderly woman, suffering from advanced Alzheimer's disease, signs a new will that drastically changes her previous estate plan, leaving all her assets to a distant acquaintance she barely knows, while completely disinheriting her children. Her children later challenge the will in court.

  How it illustrates the term: If the court finds that the woman was de non sane memorie at the time she signed the new will – meaning her Alzheimer's had progressed to the point where she lacked the mental capacity to understand who her beneficiaries were, what property she owned, or the effect of signing the document – the new will could be declared invalid.

• Example 2: Voiding a Contract

  A person experiencing a severe manic episode, during which they believe they possess supernatural powers, signs a contract to purchase a dilapidated commercial property for an exorbitant sum, far exceeding its market value, with the intention of converting it into a "portal to another dimension."

  How it illustrates the term: If it can be proven that this individual was de non sane memorie at the time of signing – meaning they were of such unsound mind that they could not understand the basic terms, financial implications, or true nature of the contract – a court might declare the contract void, as there was no true meeting of the minds.

• Example 3: Invalidating a Gift

  A man with a severe intellectual disability, who has always required significant support for daily living and financial decisions, attempts to give away his entire life savings to a telemarketer who promised him a large lottery win in return.

  How it illustrates the term: A court might find that the man was de non sane memorie and lacked the mental capacity to understand the value of his assets, the nature of the transaction, or the long-term consequences of giving away his savings. In such a case, the gift could be invalidated, and his savings returned to him, as he was not capable of making such a significant financial decision.