Legal Definitions - jus dividendi

Jus dividendi refers to the legal right of an individual to determine how their real propertywill be distributed or transferred to others after their death, specifically through a valid will. It empowers property owners to specify who will inherit their land, houses, or other permanent structures.

Here are some examples illustrating jus dividendi:

• Example 1: Family Inheritance

  An elderly woman owns a historic family home and several acres of land. She drafts a will stating that her home and all associated land should be divided equally between her two adult children. This is an exercise of her jus dividendi, as she is using her will to dictate the future ownership and division of her real property after she passes away.

• Example 2: Charitable Bequest

  A retired professor, who is passionate about education, owns a small apartment building. In their will, they specify that the apartment building should be donated to a local university to establish an endowment for student scholarships. This demonstrates jus dividendi because the professor is utilizing their right to dispose of their real property (the apartment building) by designating a specific beneficiary (the university) through their will.

• Example 3: Complex Division of Assets

  A successful entrepreneur owns a vacation cabin in the mountains, a commercial office space, and a plot of undeveloped land. In their will, they stipulate that the vacation cabin goes to their niece, the commercial office space is to be sold with the proceeds distributed among their grandchildren, and the undeveloped land is to be held in a trust for their minor nephew until he reaches adulthood. This scenario clearly illustrates jus dividendi, as the entrepreneur is exercising their right to meticulously divide and direct the disposition of various pieces of their real property to different individuals and entities according to their wishes, all through their last will and testament.