Legal Definitions - in plena vita

in plena vita

This Latin phrase translates to "in full life." In legal contexts, it refers to actions, decisions, or transactions made by an individual while they are alive, conscious, and possess full legal capacity. It emphasizes that the person is actively living and able to manage their own affairs, as opposed to actions taken after their death or during a period of incapacitation.

• Example 1: Estate Planning

  Imagine a person named Sarah who decides to create a comprehensive will and establish a living trust to manage her assets. She meets with her attorney, outlines her wishes for her property, and signs all the necessary documents herself. These actions are performed in plena vita because Sarah is alive, mentally competent, and actively making decisions about her estate's future, rather than these decisions being made by others after her passing or incapacitation.

• Example 2: Business Transactions

  Consider a business owner, Mr. Chen, who personally negotiates and signs a multi-million dollar contract to sell a division of his company. He reviews the terms, discusses them with his legal team, and affixes his signature to the agreement. This entire process occurs in plena vita, as Mr. Chen is alive and fully capable of entering into and understanding the significant legal obligations of the contract, demonstrating his active participation in the transaction.

• Example 3: Property Transfers

  Suppose Maria owns a vacation home and decides to gift it to her daughter. She instructs her lawyer to draft the deed of transfer, and she personally signs the document, completing the legal transfer of ownership while she is still alive and of sound mind. This act of transferring property is done in plena vita, highlighting her active and conscious decision-making regarding her assets during her lifetime.