Legal Definitions - pretermit

To pretermit means to accidentally omit or overlook someone, particularly an heir, in a legal document like a will. This oversight typically results in the omitted individual still having a claim to a share of the estate.

To pretermit means to unintentionally overlook, neglect, or omit something. While it can sometimes refer to a deliberate act of ignoring, in legal contexts, it most often describes an accidental omission, particularly when a person or item that should have been included is inadvertently left out.

• Example 1: A parent drafts a will intending to divide their estate equally among their four children. However, when the will is finalized, one child's name is accidentally left out of the distribution clause due to a clerical error.

  Explanation: The child was pretermitted from the will because they were unintentionally overlooked and omitted from the inheritance, despite the parent's actual intent.

• Example 2: A construction company signs a detailed contract for a new building project. During the final review, a crucial safety compliance clause, which was part of the initial negotiations, is inadvertently omitted from the signed document.

  Explanation: The safety compliance clause was pretermitted from the contract, meaning it was accidentally neglected and not included in the final agreement.

• Example 3: A lawyer files a lawsuit on behalf of a client, but in the rush to meet the deadline, they inadvertently forget to attach a mandatory exhibit that supports a key claim in the complaint.

  Explanation: The mandatory exhibit was pretermitted from the lawsuit filing, as it was accidentally omitted and not included with the other necessary documents.