Legal Definitions - natis et nascituris

Natis et nascituris is a Latin phrase that historically translates to "to children born and to be born." It was a legal term primarily used in documents related to property, inheritance, and trusts to ensure that assets or rights were designated not only for existing descendants but also for those who would be born into the family in the future.

This phrase allowed for a broad and enduring provision, ensuring that future generations, even those not yet conceived at the time the document was created, would be included as beneficiaries or recipients of an inheritance or property right. It reflected a long-term view of family lineage and the desire to secure benefits for all future descendants.

Here are some examples illustrating the application of natis et nascituris:

• Example 1: A Family Trust for Education

  Imagine a wealthy grandparent establishing a trust fund specifically for the educational expenses of their descendants. The trust document might specify that the funds are to be used for the benefit of their "natis et nascituris." This means that not only their current grandchildren but also any great-grandchildren or further descendants born after the trust is created would be eligible to receive financial support for their schooling from this fund. The phrase ensures that the trust's benefits extend indefinitely to all future generations of the family.

• Example 2: Preserving a Historic Family Estate

  Consider a family that owns a large, historic estate they wish to keep within their lineage for centuries. An old will or a deed of settlement might have included a clause using the principle of natis et nascituris to dictate that the property, or certain rights associated with it, must remain with the direct descendants of the family, both those currently alive and those yet to be born. This legal mechanism would prevent the estate from being sold outside the family line, ensuring it serves as a legacy for all future generations.

• Example 3: Royal or Noble Succession Planning

  In historical contexts, particularly within royal or noble families, the succession of titles, lands, or privileges often needed to account for future heirs. A decree or a legal instrument might have used language akin to natis et nascituris to establish a clear line of succession that included all legitimate descendants, born and yet to be born. This ensured stability and continuity, preventing disputes over who had a claim to a title or property by explicitly including all potential future heirs within the designated group.