Legal Definitions - patrimonio ejus abest

The Latin phrase patrimonio ejus abest is a historical legal term that translates to "that which is wanting from a person's estate." It refers to an asset, property, or value that rightfully belongs to an individual or their estate but is currently missing, withheld, or held by another party. Essentially, it describes something that should be in someone's possession or control but isn't yet.

• Example 1: An Undistributed Inheritance

  Imagine a situation where a will clearly states that a specific vintage car is to be inherited by the deceased's grandson, David. However, the executor of the estate is still in the process of settling other debts and distributing various assets, and the car has not yet been formally transferred to David.

  In this scenario, the vintage car is patrimonio ejus abest for David. It is an item that rightfully belongs to his estate (as per the will) but is currently "wanting" from his possession, being held by the executor until the estate administration is complete.

• Example 2: Funds Held in Escrow

  Consider a business transaction where a buyer agrees to purchase a piece of specialized machinery. A portion of the payment is placed into an escrow account, to be released to the seller only after the machinery is successfully installed and passes a performance test. Until these conditions are met, the funds remain with a neutral third-party escrow agent.

  The funds in the escrow account are patrimonio ejus abest for the seller. They are part of the seller's rightful proceeds from the sale, but they are "wanting" from their direct control and possession, being held by the escrow agent until the agreed-upon conditions are fulfilled.

• Example 3: Property Wrongfully Retained

  Suppose a tenant moves out of a rental property, but accidentally leaves behind a valuable antique desk. The landlord, instead of contacting the tenant to return the desk, decides to keep it for personal use, despite knowing it belongs to the former tenant.

  The antique desk is patrimonio ejus abest for the former tenant. It is an asset that rightfully belongs to their estate but is "wanting" from their possession, being wrongfully retained by the landlord.