Legal Definitions - etiam in articulo mortis

etiam in articulo mortis

This Latin phrase translates to "even at the moment of death" or "even at the point of death." In legal contexts, it refers to actions, statements, or decisions made by an individual when they are facing imminent death, which may still hold legal significance or validity despite the unusual circumstances.

Here are some examples:

• Imagine a situation where a person has been gravely injured in an accident and is bleeding profusely. As paramedics arrive, the injured individual, knowing they are unlikely to survive, whispers the name of the driver who hit them to a police officer. This statement, made etiam in articulo mortis, could be admissible in court as a "dying declaration," an exception to the general rule against hearsay. The law often gives special weight to such statements because a person facing imminent death is presumed to have no motive to lie.

• Consider an elderly woman who is terminally ill and confined to her hospital bed. Believing her death is imminent, she calls her beloved niece to her side and hands her a cherished antique locket, saying, "I want you to have this, my dear, it's for you." If the woman passes away shortly thereafter from that illness, this gift, made etiam in articulo mortis, could be legally recognized as a "gift causa mortis" (a gift made in contemplation of death), even without a formal will or written transfer document.

• Suppose a hiker is lost in a remote wilderness, severely injured and freezing, with no hope of rescue. Using a satellite phone, they manage to make a final call to their financial advisor, instructing them to transfer a specific sum of money from one account to another for a particular charitable cause. Even though the hiker dies moments after the call, the instruction, given etiam in articulo mortis, might be considered a valid and binding directive, depending on the specific legal requirements for such financial transactions and the verifiable evidence of the call.