Legal Definitions - nasciturus

Nasciturus refers to an unborn child, specifically one that has been conceived but has not yet been born. In legal contexts, this term is used to acknowledge the potential legal rights or interests of an individual who has not yet entered the world, often in matters of inheritance, property, or trusts, contingent upon their live birth.

• Example 1: Inheritance in a Will

  A wealthy individual drafts a will stating that a significant portion of their estate will be divided equally among all their grandchildren, including any who are born after the will is written but before the individual's death. If one of their children is pregnant at the time of the individual's passing, the child in utero is considered a nasciturusbeneficiary.

  This illustrates nasciturus because the unborn child, though not yet a legal person, is recognized as having a potential future claim to the inheritance, contingent on being born alive.

• Example 2: Beneficiary of a Trust Fund

  A family establishes a trust fund specifically for the higher education of all future descendants. The trust document specifies that any child born to a direct heir will automatically become a beneficiary upon their live birth. While a child is still *in utero*, they are considered a nasciturus, holding a contingent interest in the trust's benefits.

  Here, the term nasciturus applies to the unborn child who is not yet able to receive benefits but is legally recognized as a potential future beneficiary of the trust, demonstrating how legal instruments can plan for individuals not yet born.

• Example 3: Future Property Rights

  A grandparent decides to gift a piece of land to their daughter's unborn child, specifying in the deed that the property will legally transfer to the child upon its live birth. Until the child is born, it is considered a nasciturus, holding a future interest in the property.

  This example shows how a nasciturus can be the subject of a future property transfer. The legal system acknowledges the unborn child's potential to own property, with the actual transfer of rights becoming effective upon its birth.