Legal Definitions - last sickness

The term last sickness refers to the final illness or period of declining health that immediately precedes a person's death. It is a legally significant concept in specific situations, primarily related to the validity of certain types of wills made shortly before death, or the prioritization of medical and funeral expenses against a deceased person's estate.

Here are some examples illustrating the application of "last sickness":

• Example 1: Oral Will (Nuncupative Will)

  An elderly woman, Mrs. Chen, suffers a sudden, severe heart attack and is rushed to the hospital. Realizing her condition is critical and she may not recover, she verbally tells her daughter, in front of a nurse and a doctor, that she wants her antique jewelry collection to go to her granddaughter. Mrs. Chen passes away a few hours later. In some jurisdictions, an oral will (known as a nuncupative will) made during a person's last sickness, and under specific circumstances, might be considered valid for certain types of property. Her heart attack and subsequent decline constitute her last sickness, making her deathbed declaration potentially legally relevant.

• Example 2: Prioritizing Estate Expenses

  Mr. Davies battled a terminal illness for several months, requiring extensive medical care, including hospital stays, specialized medications, and in-home nursing, before he passed away. After his death, his estate has various debts, including credit card bills, a mortgage, and the medical expenses from his final months. Many legal systems prioritize certain debts, and expenses incurred during a person's last sickness, such as hospital bills and physician fees, are often given a higher priority for payment from the estate before other general creditors. This ensures that essential end-of-life care providers are paid.

• Example 3: Gift in Contemplation of Death (Donatio Mortis Causa)

  Ms. Rodriguez was diagnosed with an aggressive form of cancer and was informed by her doctors that she had only a short time left to live. While confined to her bed during this period of severe illness, she gave her valuable vintage watch to her best friend, stating, "I want you to have this if I don't make it." Ms. Rodriguez died two weeks later from the cancer. This gift, made during her last sickness and in contemplation of her imminent death, might be legally recognized as a "gift in contemplation of death" (donatio mortis causa). The validity of such a gift often hinges on it being made during the donor's final illness and with the expectation of death from that illness.