Legal Definitions - ex capite lecti

Ex capite lecti is a historical principle from Scots law that literally translates to "on the ground of deathbed." This rule allowed a legal heir to challenge and potentially overturn certain transactions made by a person shortly before their death.

Specifically, if an individual (the grantor) made a deed or gift within 60 days of their death that was detrimental to a legal heir's expected inheritance, that heir could argue that the transaction was made "on the ground of deathbed." If successful, the transaction could be invalidated. The purpose of this rule was to protect heirs from last-minute changes of mind, potential undue influence, or transactions made when the grantor was in a vulnerable state due to impending death.

• Example 1: The Last-Minute Property Transfer

  An elderly gentleman, Mr. Stewart, had always promised his only daughter, Sarah, that she would inherit his beloved lakeside cottage. However, after a sudden, severe decline in his health, Mr. Stewart, while confined to his bed and just three weeks before his death, signed a deed transferring the cottage to a new acquaintance he had only known for a few months.

  Explanation: Sarah, as Mr. Stewart's legal heir, could invoke the principle of ex capite lecti. The transfer of the cottage occurred within 60 days of Mr. Stewart's death, and it directly diminished her expected inheritance. Under Scots law, she could challenge this deed and seek to have the transfer invalidated.

• Example 2: The Charitable Bequest

  Mrs. MacDonald, a wealthy widow with two adult children, had a substantial estate. While she was known for her generosity, 40 days before her death from a rapidly progressing illness, she executed a deed donating a significant portion of her liquid assets to a newly established, obscure charity, drastically reducing the inheritance her children would receive.

  Explanation: Mrs. MacDonald's children, as her legal heirs, could argue that this large donation falls under ex capite lecti. The deed was made within the 60-day "deathbed" period, and it directly diminished their expected inheritance. They could seek to have the donation overturned to protect their patrimony.

• Example 3: The Disputed Gift of Valuables

  Mr. Fraser, who had no direct descendants, had always indicated that his valuable collection of antique watches would go to his nephew, Robert, who shared his passion. However, while in a very frail state and just 25 days before his passing, Mr. Fraser gifted the entire collection to a distant cousin he had reconnected with only recently, bypassing Robert entirely.

  Explanation: Robert could challenge this gift using the ex capite lecti principle. The gift was made within 60 days of Mr. Fraser's death, and it significantly reduced the assets Robert, as a legal heir, would have inherited. The law would allow Robert to argue that this "deathbed" gift should be invalidated.