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Simple English definitions for legal terms
enitia pars
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A quick definition of enitia pars:
Enitia Pars: Enitia pars is a Latin term that means "the share of the eldest." In English law, it refers to the lot or share chosen by the oldest member of a group of co-owners when they decide to divide their property. The oldest member gets to choose their share first, and this is called "primer election."
A more thorough explanation:
ENITIA PARS
Enitia pars is a Latin term that means "the share of the eldest." In English law, it refers to the lot or share chosen by the eldest of coparceners when they make a voluntary partition. The eldest has the first choice (primer election) in selecting their share.
For example, if three siblings inherit a property and decide to divide it among themselves, the eldest sibling gets to choose their share first. They can choose the part of the property that they want, and then the other siblings can choose their shares in turn.
Another example is if a parent dies and leaves their estate to their children. If the children decide to divide the estate among themselves, the eldest child gets to choose their share first, and then the other children can choose their shares in turn.
These examples illustrate how enitia pars works in practice. The eldest has the advantage of choosing the best share, which can be an important consideration when dividing property or assets.