Legal Definitions - mortuus sine prole

The Latin phrase mortuus sine prole, often abbreviated as m.s.p., translates directly to "dead without issue." In legal contexts, "issue" specifically refers to one's direct lineal descendants, such as children, grandchildren, and so forth. Therefore, this phrase describes a situation where an individual has passed away without leaving behind any direct descendants.

This concept is particularly important in estate planning, wills, and trust documents, as it helps determine how assets should be distributed when a primary beneficiary or an heir dies without having children or other direct lineal descendants to inherit from them.

• Example 1 (Will Provision):

  Mr. Davies's will specifies that his entire estate should go to his son, Mark. However, it also includes a contingency clause stating: "If Mark is mortuus sine prole at the time of my death, then my estate shall pass to my sister, Eleanor." If Mark were to tragically pass away before his father, and he himself had never had any children, then the condition of "mortuus sine prole" would be met. In this scenario, Eleanor would inherit Mr. Davies's estate according to the will's instructions, as Mark died without direct issue.

• Example 2 (Trust Document):

  A grandmother establishes a trust fund for her granddaughter, Sophia, ensuring Sophia receives income from the trust throughout her lifetime. The trust document outlines that upon Sophia's death, the remaining principal should be distributed to her direct descendants. However, it also contains a clause: "Should Sophia be mortuus sine prole, the trust principal shall instead be divided equally among her surviving cousins." If Sophia lives a long life but never has children, upon her passing, her cousins would receive the trust's assets because she died without direct issue.

• Example 3 (Intestacy Law):

  Consider a situation where Ms. Rodriguez dies suddenly without a valid will (intestate). She has no living parents, siblings, or spouse. Under the state's intestacy laws, if a person dies without a will, their assets typically pass first to their direct descendants (children, grandchildren). If Ms. Rodriguez is determined to be mortuus sine prole—meaning she never had any children or other direct descendants—the law would then look to the next class of heirs, such as aunts, uncles, or cousins, to inherit her estate, rather than distributing it to non-existent direct issue.