Legal Definitions - liege poustie

Liege poustie is a term from historical Scots law that refers to a person's legal capacity to freely dispose of their heritable property (real estate) because they are considered to be in good health and of sound mind. Essentially, it signifies that a person has the full, lawful power to make decisions about their land or buildings without those decisions being challenged later on the grounds that they were on their deathbed or incapacitated by illness.

This concept was particularly important in distinguishing between property transfers made by a healthy individual and those made by someone who was gravely ill. Historically, dispositions made while a person was in "liege poustie" were considered robust and valid, whereas those made on a "deathbed" could sometimes be challenged by heirs.

• Example 1: Selling a Family Home

  Fiona, a 55-year-old architect, decides to sell her country cottage in the Scottish Borders to move closer to her work in Edinburgh. She is in excellent health, regularly hikes, and has no known medical conditions. She executes all the necessary legal documents for the sale with her solicitor.

  Explanation: Fiona's sale of her cottage is a transaction made in "liege poustie." Because she was in good health and of sound mind at the time of the sale, her legal capacity to dispose of her heritable property (the cottage) was unquestionable. This means the sale could not be challenged later on the grounds that she was on her deathbed or unduly influenced due to ill health.

• Example 2: Gifting a Plot of Land

  Hamish, an 80-year-old retired farmer, owns a small parcel of undeveloped land next to his son's farm. Although elderly, Hamish is mentally sharp and physically active, still tending a small garden daily. He decides to formally gift this land to his son, ensuring it remains part of the family's agricultural holdings. He signs the deed of gift at his solicitor's office.

  Explanation: Hamish's gift of land to his son is an act performed in "liege poustie." Despite his age, his good health and mental acuity at the time of signing the deed meant he had the full legal power to transfer his heritable property. This ensured the gift was legally robust and could not be challenged by other potential heirs claiming he was incapacitated or near death when he made the decision.

• Example 3: Creating a Will for Property

  Isabella, a healthy 40-year-old, decides to update her will after purchasing her first home in Glasgow. She details how her house and other assets should be distributed upon her death. She is not suffering from any serious illness and is making these decisions thoughtfully and proactively.

  Explanation: When Isabella drafted her will, including provisions for her house, she was acting in "liege poustie." Her good health and sound mind at the time meant that her testamentary disposition of heritable property was legally valid and reflected her true intentions. Historically, this would have protected her will from being challenged by heirs who might otherwise argue she was on her deathbed and therefore lacked the full capacity to make such significant decisions about her property.