Legal Definitions - legatum

The term legatum, originating from Roman law, refers to a specific gift or asset designated by a deceased person in their will to be given to a particular individual or entity. Unlike an heir who might inherit the bulk of an estate and its associated responsibilities and debts, the recipient of a legatum (known as a legatee) receives only the specified benefit without taking on the broader duties of the estate.

• legatum

  A specific gift or asset designated by a deceased person in their will to be given to a particular individual or entity, separate from the main inheritance. The recipient of a legatum receives the benefit without taking on the responsibilities or debts of the overall estate.

  • Example 1: A will states, "I leave my antique writing desk to my niece, Clara."

    Explanation: This is a legatum because the will specifies a particular item (the antique writing desk) to be given to a specific person (Clara), distinct from the rest of the estate.

  • Example 2: A will includes the provision, "I bequeath $5,000 to the local community library."

    Explanation: This is also a legatum, as it's a specific monetary gift designated for a particular organization, separate from the general distribution of the estate.

• legatum debiti

  A gift made in a will to a person who is already a creditor of the deceased. For this type of gift to be valid and effective, it typically had to offer the creditor something more or better than what they were already legally owed, such as removing a legal defense the deceased had against the debt.

  • Example 1: A person owes their friend $1,000. In their will, they state, "I bequeath $1,500 to my friend, John, in full satisfaction of any debts I owe him."

    Explanation: This is a legatum debiti because the deceased is giving their creditor (John) more than the original debt, thereby improving John's position beyond what he was legally entitled to.

  • Example 2: A business owner owes a contractor for work done, but there's a dispute over the completion date, which could be a defense against full payment. In their will, the owner states, "I leave $10,000 to my contractor, Builders Inc., and direct my estate to waive any claims regarding the project timeline."

    Explanation: This acts as a legatum debiti by removing a potential legal defense the estate might have had, ensuring the contractor receives the full amount without dispute, thus bettering their position.

• legatum dotis

  In Roman law, this referred to a specific gift in a will, typically from a husband to his wife, returning her dowry (property or money brought into the marriage by the wife or on her behalf). This type of gift often had specific legal implications, such as ensuring the wife received her dowry promptly and without certain deductions that might otherwise apply.

  • Example 1: A Roman husband's will states, "I direct my estate to immediately return to my wife, Julia, the villa and lands that constituted her dowry upon our marriage."

    Explanation: This is a legatum dotis as it specifically directs the return of the wife's dowry property, ensuring she regains full control of it after her husband's death.

  • Example 2: A husband's will includes the clause, "My wife, Livia, shall receive the equivalent value of her original dowry, adjusted for any improvements made, to be paid from my estate without any deductions for our children's inheritance."

    Explanation: This example illustrates a legatum dotis by ensuring the wife receives the full value of her dowry, potentially with enhancements, and explicitly protects it from being reduced by other estate distributions.

• legatum generis

  A gift in a will that specifies a type or class of item, rather than a particular, individually identified item. The executor or a designated person would then select an item from the deceased's estate that fits the general description.

  • Example 1: A will states, "I leave one of my antique silver tea sets to my granddaughter, Sarah."

    Explanation: This is a legatum generis because the will specifies a type of item ("one of my antique silver tea sets") rather than a unique, named set, allowing for selection from multiple similar items in the estate.

  • Example 2: A will states, "My nephew, David, shall receive a painting from my collection of landscapes."

    Explanation: This is a legatum generis as it refers to a general category of items ("a painting from my collection of landscapes") from which a specific choice is to be made, rather than identifying a particular painting.

• legatum liberationis

  A provision in a will where the deceased forgives a debt owed to them by a specific person. Essentially, the debt is treated as a gift to the debtor, releasing them from the obligation to repay.

  • Example 1: A will states, "I forgive the $50,000 loan I made to my business partner, Maria, and direct my estate to release her from this obligation."

    Explanation: This is a legatum liberationis because the deceased explicitly cancels a debt owed to them by Maria, effectively gifting her the amount of the loan.

  • Example 2: A person's will includes the clause, "Any outstanding balance on the personal line of credit I extended to my son, Michael, for his home renovation, shall be considered paid in full by my estate."

    Explanation: This demonstrates a legatum liberationis by forgiving Michael's debt to the deceased's estate, releasing him from the financial burden.

• legatum nominis

  A gift in a will where the deceased transfers the right to collect a debt owed to them by a third party to a specific beneficiary. The beneficiary then becomes the new creditor, entitled to collect the debt.

  • Example 1: A will states, "The $20,000 loan owed to me by my former employee, Tom, shall now be owed to my daughter, Emily."

    Explanation: This is a legatum nominis because the deceased is transferring their right to collect a debt from Tom to Emily, making Emily the new creditor.

  • Example 2: A will includes: "Any outstanding payments due to me from the sale of my boat to the Johnson family shall now be payable to my brother, Robert."

    Explanation: This illustrates a legatum nominis by assigning the deceased's right to receive future payments from the Johnsons to Robert, who will now collect those payments.

• legatum optionis

  A gift in a will that grants a specific beneficiary the right to choose one item from a defined group of assets belonging to the deceased's estate.

  • Example 1: A will states, "My grandson, Ethan, may choose one classic car from my garage collection."

    Explanation: This is a legatum optionis because Ethan is given the specific right to select a single item from a clearly defined group of assets (the classic cars in the garage).

  • Example 2: A will states, "My friend, Lisa, has the option to select one piece of antique jewelry from the display case in my study."

    Explanation: This demonstrates a legatum optionis by granting Lisa the power to choose one item from a specified collection of jewelry.

• legatum peculii

  In Roman law, this referred to a gift in a will of a peculium – a fund or property that a slave or a son under paternal authority was allowed to manage, but which was legally owned by the master or father. This legacy would transfer full ownership of that peculium to the individual, often upon their freedom or emancipation.

  • Example 1: A Roman master's will states, "I grant my freedman, Gaius, full legal ownership of the small pottery business and its assets that he has been managing as his peculium."

    Explanation: This is a legatum peculii because it transfers full legal ownership of the business and assets (the peculium) that Gaius, as a freedman, previously only managed, to him outright.

  • Example 2: A Roman father's will specifies, "My son, Lucius, shall receive full and independent ownership of the olive grove he has been overseeing as his peculium during my lifetime."

    Explanation: This illustrates a legatum peculii by granting Lucius full and independent ownership of the olive grove, which was previously his peculium managed under his father's authority.

• legatum quantitatis

  A gift in a will that specifies a quantity of a certain type of item, rather than a specific, individually identified item. The executor would then provide the specified quantity of items from the estate that fit the description.

  • Example 1: A will states, "I bequeath three rare books from my library to my alma mater."

    Explanation: This is a legatum quantitatis because it specifies a number ("three") of a general type of item ("rare books") rather than naming specific titles, allowing the executor to select from the collection.

  • Example 2: A will states, "My estate shall provide two new computers to the local senior center."

    Explanation: This demonstrates a legatum quantitatis by specifying a quantity ("two") of a general item ("new computers"), which the estate would then procure or provide from its assets.

• legatum rei alienae

  A gift in a will of an item that, at the time of the deceased's death, does not belong to their estate but rather to a third party. In such cases, the estate's executor would typically be obligated to try and purchase the item from the third party to give to the beneficiary, or if that's not possible, to pay the beneficiary the item's monetary value.

  • Example 1: A will states, "I leave the vintage motorcycle owned by my brother, Mark, to my nephew, Liam."

    Explanation: This is a legatum rei alienae because the deceased is attempting to bequeath an item (the motorcycle) that they do not own. The estate would then be obligated to try and buy the motorcycle from Mark for Liam, or pay Liam its value if Mark refuses to sell.

  • Example 2: A will states, "My friend, Chloe, shall receive the antique globe that I always admired in my neighbor's study."

    Explanation: This illustrates a legatum rei alienae. The antique globe belongs to the neighbor, not the deceased. The estate would need to attempt to acquire it for Chloe or provide her with its monetary equivalent.

• legatum universitatis

  Historically, a gift in a will that transferred the deceased's entire estate, or a significant portion of it, to a single beneficiary or entity. This is distinct from a general heir who might also take on debts and responsibilities.

  • Example 1: A will states, "I leave my entire estate, including all property, assets, and investments, to my beloved spouse, Eleanor."

    Explanation: This is a legatum universitatis because it designates the entirety of the deceased's assets to a single beneficiary.

  • Example 2: A will states, "All remaining assets of my estate, after specific bequests and debts are paid, shall be given to the 'Global Wildlife Fund' charity."

    Explanation: This represents a legatum universitatis as it directs the entire residual portion of the estate to a single entity after other obligations are met.