Legal Definitions - person not deceased

The term person not deceased refers to an individual human being who is currently alive. In legal contexts, this term is used to clearly distinguish a living person from someone who has passed away, particularly when discussing rights, obligations, or legal standing that apply specifically to living individuals.

• Entering into a Contract:

  Example: Maria, a recent graduate, signs an employment contract with a new company.

  Explanation: Maria is a "person not deceased." Her legal ability to enter into and be bound by the employment contract depends on her being alive. If she were deceased, she could not sign the contract, and any prior agreements would be handled by her estate.

• Beneficiary of an Insurance Policy:

  Example: A life insurance policy names John as the primary beneficiary, meaning he will receive the payout if the policyholder passes away, provided John is still alive.

  Explanation: John is a "person not deceased." For him to receive the benefits from the life insurance policy, he must be living at the time the policyholder dies. If John were deceased before the policyholder, the payout would typically go to a contingent beneficiary or the policyholder's estate, as John would no longer be a "person not deceased" capable of receiving the funds.

• Testifying in Court:

  Example: Ms. Chen is called as a witness to provide testimony in a civil trial regarding an event she observed.

  Explanation: Ms. Chen is a "person not deceased." As a living individual, she has the capacity to appear in court, take an oath, and offer her account of events. If she were deceased, her testimony could not be given directly, and any prior statements she made might be subject to different rules of evidence.