Legal Definitions - devastaverunt

Devastaverunt is a Latin legal term meaning "they have wasted." Historically, it referred to a situation where the executor or administrator of a deceased person's estate improperly managed, misused, or neglected the assets entrusted to them, causing a loss of value to the estate. It also referred to the legal action that could be brought against such an executor for this mismanagement or waste.

In essence, it describes a breach of the executor's fiduciary duty to preserve and prudently manage the estate's assets for the benefit of the beneficiaries.

• Example 1: Undervalued Sale of Property

  An executor is responsible for selling a valuable antique collection that belongs to the estate. Instead of seeking professional appraisals and marketing the collection to achieve the best possible price, the executor quickly sells it to a friend for a fraction of its true market value, without the consent or knowledge of the beneficiaries.

  This illustrates "devastaverunt" because the executor's actions directly wasted the estate's assets by selling them far below their actual worth, thereby diminishing the inheritance available to the rightful beneficiaries.

• Example 2: Neglect Leading to Asset Depreciation

  An estate includes a commercial property that generates rental income. The executor, however, fails to collect rent from tenants, neglects necessary repairs, and allows property taxes to go unpaid for an extended period. As a result, the property falls into disrepair, accrues significant tax liens, and loses its tenants, drastically reducing its market value and income potential.

  This demonstrates "devastaverunt" through neglect. The executor's failure to properly maintain and manage the asset led to its significant depreciation and additional liabilities, effectively wasting the estate's resources.

• Example 3: Misappropriation of Funds

  An executor uses funds from the deceased's bank account, which are designated as part of the estate, to pay for their own personal luxury vacation and outstanding credit card debt, rather than using the funds to settle estate debts or distribute to heirs.

  This is a clear instance of "devastaverunt" as the executor has improperly diverted and consumed estate assets for personal gain, directly wasting the funds that should have been preserved for the estate's legitimate purposes and beneficiaries.