Legal Definitions - etiam in lecto

Etiam in lecto is a historical legal phrase that translates from Latin to "even upon deathbed." It refers to actions, statements, or agreements made by an individual when they are gravely ill and believed to be near death. Historically, the law often gave special consideration or scrutiny to such acts, recognizing the unique circumstances, the urgency, and the potential for undue influence or diminished capacity.

Here are some examples illustrating the concept of etiam in lecto:

• Example 1: A Deathbed Will Amendment

  An elderly woman, suffering from a severe illness and confined to her bed, dictates a final change to her will just hours before she passes away. She wants to ensure a specific piece of jewelry goes to her youngest granddaughter, a detail not included in her previous will.

  This scenario illustrates etiam in lecto because the critical legal act of amending the will was performed "even upon deathbed." Historically, such last-minute changes might face heightened scrutiny in court to ensure the woman was of sound mind and not coerced, given her weakened state and proximity to death.

• Example 2: A Deathbed Confession

  A man involved in a serious accident is brought to the hospital with life-threatening injuries. Believing he will not survive, he confesses to a nurse that he was responsible for a hit-and-run incident several years prior, providing details that were never publicly released.

  Here, the confession is made etiam in lecto. In some legal systems, a "dying declaration" made under the belief of imminent death can be admissible as evidence in court, even though it is typically considered hearsay. This exception is based on the strong historical presumption that a person facing their imminent demise would not lie.

• Example 3: A Deathbed Gift

  A terminally ill artist, knowing their end is near, calls their apprentice to their bedside and hands them a unique, unfinished painting, stating, "I want you to have this and finish it for me when I'm gone."

  This act is performed etiam in lecto. Such a gift, made in contemplation of death and intended to take effect only if death occurs, is known as a "gift in contemplation of death" (donatio mortis causa). It differs from a regular gift because it can be revoked if the donor unexpectedly recovers, highlighting the special legal status and conditions attached to actions taken "upon deathbed."