Legal Definitions - omissa et male appretiata

Omissa et male appretiata is a Latin legal phrase that translates to "things omitted and erroneously valued." It refers to assets or items that were either completely left out of an official inventory or assessment, or were included but assigned an incorrect value.

This term is most commonly encountered in the context of estate administration, where an executor or administrator is responsible for identifying, valuing, and distributing a deceased person's assets. If an executor fails to include certain assets in the estate inventory or assigns them an inaccurate value, it can lead to disputes among beneficiaries, incorrect tax calculations, or an unfair distribution of the estate.

Here are some examples illustrating this concept:

• Example 1: Omitted Asset

  An executor is compiling an inventory of a deceased person's estate. The deceased owned a vacation home in another state, but the executor, unaware of this property, fails to include it in the official list of assets. A beneficiary later discovers the existence of this property.

  Explanation: The vacation home was "omissa" (omitted) from the estate inventory. This oversight means the property was not accounted for in the estate's total value or distribution plan, directly illustrating the "omitted" aspect of the term.

• Example 2: Erroneously Valued Asset (Undervaluation)

  An estate includes a collection of vintage sports memorabilia. The executor, without consulting an expert appraiser, estimates the collection's value at $1,000. However, a professional appraisal later reveals that several rare items within the collection are worth significantly more, bringing the true market value to $10,000.

  Explanation: The sports memorabilia collection was "male appretiata" (erroneously valued) because its worth was significantly underestimated. This undervaluation could lead to beneficiaries receiving less than their rightful share or incorrect estate tax calculations.

• Example 3: Combination of Omission and Erroneous Valuation

  An executor lists a deceased person's primary residence in the estate inventory, but values it based on a quick online search from several years prior, resulting in a valuation that is 20% below its current market value. Additionally, the executor completely overlooks a separate, valuable plot of undeveloped land owned by the deceased, which was not physically adjacent to the residence.

  Explanation: In this scenario, the primary residence was "male appretiata" (erroneously valued) due to the outdated assessment. The separate plot of undeveloped land was "omissa" (omitted) entirely from the inventory. This example demonstrates how both aspects of the term can apply to different assets within the same estate, leading to a significantly inaccurate overall assessment.