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Simple English definitions for legal terms
liege poustie
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A quick definition of liege poustie:
Liege poustie is a term used in Scots law that means having the legal power to dispose of property when a person is in good health. It comes from the Latin phrase "legitima potestas" which means lawful power. This power allows a person to make a conveyance, which is a legal transfer of property, that cannot be challenged by the heir on the grounds of deathbed. To prove liege poustie, a person must survive for sixty days and be able to attend church or market without support.
A more thorough explanation:
Definition: Liege poustie (leej pow-stee) is a term used in Scots law to refer to the lawful power of a person in good health to dispose of their heritable property. The phrase is derived from the Law French term "liege power" which comes from the Latin phrase "legitima potestas" meaning "lawful power".
For example, a "liege poustie conveyance" is a conveyance of property that is not challengeable on the grounds of deathbed. This means that the person who made the conveyance was in good health and had the legal power to dispose of their property at the time of making the conveyance.
The tests of liege poustie are survivance during sixty days and going to kirk or market unsupported. This means that if a person survives for sixty days after making a conveyance and attends church or market without support, it is presumed that they were in good health and had the legal power to make the conveyance.
Overall, liege poustie is an important concept in Scots law as it ensures that property is transferred legally and without challenge.