Legal Definitions - in articulo mortis

in articulo mortis

This Latin phrase translates to "at the point of death". It describes a situation where an individual is in the final moments of their life, facing imminent death. This state can have significant legal implications, particularly regarding the validity of statements, gifts, or wills made under such extreme circumstances.

• Example 1: A Dying Declaration in a Criminal Case

  Imagine a victim of a violent crime, gravely wounded and bleeding profusely, who tells the first responding police officer, "John Doe shot me!" The victim then loses consciousness and dies shortly after. Because the victim made this statement while believing death was certain and imminent, it was made in articulo mortis. In some legal systems, such a "dying declaration" can be admitted as evidence in court, even though the person cannot be cross-examined, due to the belief that a person facing death is unlikely to lie.

• Example 2: A Last-Minute Gift or Will Modification

  Consider an elderly person in a hospital's intensive care unit, critically ill and informed by doctors that they have only a few hours to live. In their final conscious moments, they clearly state to their attending nurse and a family member, "I want my antique watch to go to my grandson, not my niece as my will currently states." This verbal instruction, made in articulo mortis, might be considered a valid "gift in contemplation of death" (known as a donatio mortis causa) or could influence how a court interprets their final wishes, even if not formally written into a will.