Legal Definitions - mortua manus

Mortua manus is a Latin term meaning "dead hand." In legal contexts, it refers to deadhand control, which describes the influence or control that a deceased person continues to exert over their property or affairs long after their death. This control is typically established through specific instructions or conditions outlined in a will, trust, or other estate planning documents.

The concept of deadhand control often arises when a person attempts to dictate how their assets should be managed, used, or distributed by future generations, sometimes imposing conditions that extend far into the future or restrict the autonomy of living beneficiaries.

• Example 1: Restrictive Trust Conditions

  A wealthy individual establishes a trust that provides for their grandchildren, but with a strict condition: none of the grandchildren can inherit their share of the principal until they turn 35, and only if they have earned a master's degree in a STEM field and remained unmarried. If a grandchild marries before 35 or pursues a different career path, their share is forfeited and distributed to a specific charity. This is an example of deadhand control because the deceased individual's instructions continue to dictate significant life choices for their living descendants, long after the individual has passed away.

• Example 2: Perpetual Maintenance of Property

  A will specifies that a family estate, including a large historic home and surrounding land, must never be sold. Instead, it must be maintained as a private museum open to the public one day a week, with a dedicated fund established to cover all maintenance costs. The will further dictates that only direct descendants of a certain lineage can serve on the museum's governing board. This illustrates deadhand control as the deceased's wishes perpetually control the use, ownership, and governance of a significant asset, limiting the ability of future generations to make independent decisions about the property.

• Example 3: Business Succession with Specific Directives

  The founder of a successful manufacturing company includes a clause in their will stating that the company's primary factory must always remain in its original town, even if relocating would be more economically beneficial. The will also mandates that a specific percentage of annual profits must be reinvested into employee training programs, regardless of market conditions, and that no more than two non-family members can ever sit on the company's board of directors. This demonstrates deadhand control because the founder's posthumous instructions continue to govern key operational and strategic decisions for the company, impacting its future growth and management structure.