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Simple English definitions for legal terms
ex capite lecti
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A quick definition of ex capite lecti:
Term: EX CAPITE LECTI
Definition: Ex capite lecti is a legal term used in Scots law that refers to actions taken on the basis of a deathbed. This means that under certain circumstances, a legal heir can challenge a deed that was made to their disadvantage within 60 days before the grantor's death.
A more thorough explanation:
EX CAPITE LECTI
Ex capite lecti is a Latin term used in Scots law, which means "on the ground of deathbed." It refers to a legal principle that allows a legal heir to challenge a deed made by the grantor within 60 days before their death if it was made to the heir's detriment.
For example, if a person makes a will leaving their entire estate to a friend or a charity just before their death, and this will deprives their legal heirs of their rightful inheritance, the heirs can challenge the will under the principle of ex capite lecti.
Another example could be a situation where a person transfers their property to someone else just before their death, knowing that it would harm their legal heirs' interests. In such a case, the heirs can challenge the transfer under the principle of ex capite lecti.
The examples illustrate how the principle of ex capite lecti works in practice. It allows legal heirs to challenge any deed made by the grantor within 60 days before their death if it was made to the heirs' detriment. This principle ensures that the grantor's last wishes are not used to deprive their legal heirs of their rightful inheritance or property.