Legal Definitions - dum sola

Dum sola is a Latin legal phrase that translates to "while single" or "as long as she remains unmarried." Historically, this term was used to impose a condition on gifts, inheritances, or other legal rights, particularly for women. It meant that the specified right or benefit would only continue as long as the recipient remained unmarried. If the recipient married, the condition would be considered broken, and the right or benefit would typically terminate or transfer to another party.

• Example 1 (Inheritance):

  A will from the early 20th century stipulates that a spinster aunt, Eleanor, is to receive an annual income from the family estate, dum sola. This provision ensures that Eleanor has financial support as long as she does not marry. If she were to marry, the annual income would cease, and the funds would be reallocated to other beneficiaries as outlined in the will.

  Explanation: This example illustrates dum sola because Eleanor's right to receive the annual income is directly tied to her marital status. The condition "while single" dictates that her financial benefit from the estate will only continue as long as she remains unmarried.

• Example 2 (Right of Occupancy):

  A family trust established in the 1800s grants a widowed daughter-in-law, Martha, the right to live in the family's secondary residence rent-free, dum sola. This arrangement provides her with a home after her husband's death, but it is understood that if she remarries, her right to occupy the house will end, and the property would then be available for other family members.

  Explanation: Here, the dum sola condition limits Martha's right to reside in the property. Her ability to live there rent-free is contingent upon her remaining unmarried; her remarriage would terminate this specific right of occupancy.

• Example 3 (Conditional Gift):

  A wealthy benefactor gifts a substantial sum of money to a young woman, Clara, to support her education and independent living, with the explicit condition that the funds are to be used dum sola. The remaining balance of the gift would revert to the benefactor's estate if Clara were to marry before exhausting the funds.

  Explanation: In this scenario, the dum sola clause means that Clara's access to and use of the gifted funds are conditional on her remaining single. Her marriage would trigger the termination of her claim to any remaining portion of the gift, demonstrating how the condition dictates the duration of the benefit.