Legal Definitions - jus capiendi

Jus capiendi refers to the legal right to receive or take possession of property that has been bequeathed (given) to someone through a valid will. It signifies the entitlement of a designated beneficiary to claim the assets or inheritance specifically designated for them by the deceased.

Here are some examples illustrating jus capiendi:

• Example 1: Specific Monetary Bequest

  After her grandmother passed away, Sarah discovered in the will that she was left a sum of $50,000. This specific instruction in the will grants Sarah the jus capiendi, giving her the legal right to claim and receive that $50,000 from her grandmother's estate.

• Example 2: Inheritance of Real Estate

  Mr. Henderson's will clearly stated that his beachfront vacation home would pass to his son, David. Upon Mr. Henderson's death, David acquires the jus capiendi, which is his legal right to take ownership and possession of the vacation home as stipulated in his father's will.

• Example 3: Bequest of Personal Property

  A renowned artist's will specified that her entire collection of antique paintbrushes and easels should go to her most promising student, Maria. Maria now holds the jus capiendi, giving her the legal authority to receive and take possession of these specific artistic tools from the artist's estate.