Legal Definitions - nati et nascituri

Nati et nascituri is a historical legal term originating from Latin, meaning "born and to be born." It refers collectively to all of a person's potential heirs, encompassing not only those who are currently alive but also any future descendants who might inherit property, titles, or rights. This concept was particularly relevant in older legal systems for establishing broad categories of beneficiaries for estates or property that were intended to remain within a family line across generations.

Here are some examples illustrating the application of nati et nascituri:

• Historical Will or Trust: Imagine an old will from the 19th century that specifies a family estate is to be held in trust "for the benefit of my nati et nascituri." This clause means the estate is intended to provide for all of the testator's direct descendants, including children already born at the time the will was written, as well as any grandchildren, great-grandchildren, and further generations who would be born later. It ensures the estate's benefits extend far into the future of the family.

• Property Succession Dispute: In a historical legal dispute over the succession of a noble title and associated lands, a court might have examined ancient documents that granted rights to a particular family line and their "nati et nascituri." This would confirm that the inheritance was not just for the immediate living heirs but extended to all future legitimate descendants of that family, ensuring the lineage's continuous claim to the title and property across many generations.

• Perpetual Family Endowment: An early 20th-century industrialist, wishing to secure his family's legacy, might have established a perpetual endowment fund for the education and welfare of all future members of his lineage. The trust document could have used the phrase "for the benefit of my nati et nascituri" to ensure that the fund would provide for children, grandchildren, and all subsequent generations yet to be born, reflecting a long-term commitment to his family's enduring prosperity.