Legal Definitions - pro non scripto

Pro non scripto is a Latin legal principle that translates to "as not written" or "as though it had not been written." This concept applies when a court or legal authority decides to disregard a specific clause, condition, or provision within a legal document, treating it as if it were never included in the first place. This typically occurs because the condition is impossible to fulfill, illegal, violates public policy, or is so vague and meaningless that it cannot be enforced.

• Example 1: Impossible Condition in a Will

  Imagine a will that states, "My entire estate shall be inherited by my nephew, provided he successfully builds a perpetual motion machine within five years of my death." Since building a perpetual motion machine is scientifically impossible, a court would likely declare this condition pro non scripto. This means the nephew would inherit the estate without having to fulfill the impossible requirement, as if that condition had never been written into the will.

• Example 2: Illegal Clause in an Employment Contract

  Consider an employment contract for a construction worker that includes a clause stating, "The employee agrees to work without any safety equipment on hazardous sites, waiving all rights to workers' compensation for injuries sustained due to lack of safety gear." This clause is illegal because it attempts to circumvent mandatory workplace safety laws and workers' rights. A court would treat this specific clause pro non scripto, meaning it would be disregarded, and the employee would still be entitled to safety equipment and workers' compensation rights, even though the clause was physically present in the contract.

• Example 3: Condition Against Public Policy in a Trust

  Suppose a wealthy individual establishes a trust fund for their grandchildren, but includes a condition that states, "No grandchild shall receive funds from this trust if they marry someone of a different religious faith." Such a discriminatory condition is generally considered to be against public policy, which promotes equality and non-discrimination. A court would likely declare this discriminatory condition pro non scripto, allowing the grandchildren to receive their trust funds without being bound by the unlawful and discriminatory requirement, effectively treating the condition as if it were never part of the trust document.