Legal Definitions - liberis nascituris

Liberis nascituris is a Latin legal phrase that translates to "to children yet to be born." It refers to legal provisions or designations made for individuals who have not yet been conceived or born at the time a legal document, such as a will, trust, or contract, is created.

Historically, this concept was particularly relevant in property law and estate planning, allowing individuals to make arrangements for future generations of their family, even if those family members did not yet exist.

Here are some examples illustrating the application of liberis nascituris:

• Estate Planning Through a Will: Imagine a grandparent creating a will that states, "I bequeath $100,000 to be divided equally among all my grandchildren, including any born after my death." At the time the will is written, the grandparent might have two grandchildren, but their children could still have more children in the future. This clause makes a provision for those future, as-yet-unborn grandchildren, who are the liberis nascituris, ensuring they will also inherit from the estate.

• Establishing a Family Trust: A wealthy individual sets up a perpetual trust designed to provide educational funds for their descendants. The trust document specifies that "all children born to my direct lineal descendants shall be eligible beneficiaries for educational grants from this trust upon reaching the age of 18." This provision explicitly includes individuals who are not yet born when the trust is established, meaning it accounts for the liberis nascituris of the family line, ensuring future generations also benefit.

• Historical Marriage Settlements: In past centuries, a marriage contract might have included a clause stating that a specific piece of land or a sum of money would be held in trust "for the benefit of the children born of this marriage." At the time the contract was signed, the couple might not have had any children, or perhaps only one. This designation was made for the liberis nascituris – any future children resulting from that union – ensuring their financial security or inheritance rights were established from the outset.