Legal Definitions - intuitu mortis

Intuitu mortis is a Latin phrase that historically means in the prospect of death. It refers to actions, statements, or gifts made by an individual because they genuinely believe their death is imminent. This belief is typically based on a serious illness, injury, or immediate danger. The legal system sometimes considers the context of "intuitu mortis" when evaluating the validity or intent behind such actions, particularly concerning property transfers or final declarations.

Here are some examples to illustrate this concept:

• Example 1: A Deathbed Gift

  An elderly woman, suffering from a severe and rapidly progressing illness, is told by her doctors that she has only a few days to live. While lucid, she calls her beloved niece to her bedside and hands her a valuable antique locket, saying, "I want you to have this now, my dear, as I won't be needing it much longer." The woman passes away the following day.

  How it illustrates the term: The gift of the locket is made intuitu mortis because the woman gave it specifically due to her belief in her imminent death from the terminal illness. The gift was prompted by her immediate prospect of dying.

• Example 2: A Final Declaration in Danger

  A mountain climber is critically injured in a fall and is stranded in a remote location with no hope of rescue for several days. Believing he will not survive, he uses his satellite phone to record a detailed message for his family, outlining his wishes for his personal belongings and expressing his love. He succumbs to his injuries before help arrives.

  How it illustrates the term: The climber's recorded message and declarations are made intuitu mortis. He created them under the immediate and certain prospect of death due to his severe injuries and the lack of timely rescue. A court might consider this context if the message contained instructions about his estate.

• Example 3: A Soldier's Will

  A soldier is deployed to a high-risk combat zone. Before embarking on a particularly dangerous mission, he quickly writes a note on a piece of paper, stating that if anything happens to him, he wants his entire savings to go to his younger sister. He signs and dates the note. Tragically, he is killed in action during that mission.

  How it illustrates the term: The soldier's handwritten note, often referred to as a "soldier's will" or codicil, is made intuitu mortis. It was created in the direct prospect of death due to the imminent danger of combat. Legal systems sometimes give special consideration to such documents made under these urgent and life-threatening circumstances.