Legal Definitions - in praesenti

In praesenti is a Latin legal term meaning "at present" or "immediately." It describes something that takes effect or exists right now, without any future conditions or delays.

Here are some examples to illustrate this concept:

• Example 1: Immediate Transfer of Property

  Imagine a person giving a friend a book and saying, "This book is yours now." When the book is handed over, the ownership transfers in praesenti. There are no conditions that need to be met later, nor is the transfer delayed until a future event. The friend immediately becomes the owner of the book.

• Example 2: A Binding Agreement

  Consider a situation where two businesses sign a contract for the immediate delivery of goods. The contract states that the terms and obligations become effective upon signing. In this case, the agreement is binding in praesenti, meaning both parties are immediately obligated to fulfill their respective duties as soon as the document is executed, without waiting for any further action or date.

• Example 3: A Present Right to Funds

  If a will specifies that a certain sum of money is to be paid to a beneficiary "upon my death," and the testator passes away, the beneficiary's right to that money becomes effective in praesenti. While the actual distribution might take time due to probate, the legal right to receive the funds is established immediately upon the death, not contingent on some future event beyond the death itself.