Legal Definitions - pro defectu exitus

Pro defectu exitus is a Latin legal phrase that translates to "for lack of issue" or "in default of issue." It refers to a condition or provision that takes effect if a person does not have direct descendants (such as children, grandchildren, etc.). This phrase is commonly used in legal documents like wills, trusts, and property deeds to specify an alternative plan for assets if a primary beneficiary or owner dies without leaving any direct heirs.

Here are some examples illustrating how this term applies:

• Example 1: A Conditional Inheritance in a Will

  A wealthy aunt drafts her will, stating that her antique jewelry collection should go to her niece, Sarah. However, the will includes a clause: "pro defectu exitus of Sarah, the jewelry shall instead be given to the local historical museum." This means if Sarah dies without having any children or other direct descendants, the jewelry collection will then be bequeathed to the museum.

  How it illustrates the term: The museum's right to inherit the jewelry collection only arises "for lack of issue" (pro defectu exitus) from Sarah. If Sarah had children, the jewelry would pass to them according to other provisions of the will, and the museum would not receive it.

• Example 2: Reversionary Interest in a Property Deed

  A landowner grants a parcel of land to his son, John, with a specific condition in the deed: "To John and his heirs, but if John dies pro defectu exitus, the land shall revert to the grantor's estate." This means John owns the land, and it would normally pass to his children. However, if John passes away without any direct descendants, the ownership of the land would then return to the original grantor's estate, to be distributed according to the grantor's will or intestacy laws.

  How it illustrates the term: The reversion of the land to the grantor's estate is triggered "in default of issue" (pro defectu exitus) from John. Without this specific condition, the land might pass to John's other relatives or beneficiaries even if he had no children.

• Example 3: Trust Distribution Plan

  A trust is established to provide for a beneficiary, Michael, for his lifetime. The trust document specifies that upon Michael's death, the remaining trust assets are to be distributed among his children. However, it also includes a contingency: "In the event of Michael's death pro defectu exitus, the remaining assets shall be distributed equally among his surviving siblings."

  How it illustrates the term: The distribution of the trust assets to Michael's siblings only occurs "for lack of issue" (pro defectu exitus) from Michael. If Michael had children, they would be the primary beneficiaries of the remaining trust assets after his death.