Legal Definitions - pro quantitate haereditatis et temporis

pro quantitate haereditatis et temporis

This historical legal principle translates from Latin to "according to the extent of the inheritance and time." It signifies that certain rights, responsibilities, or distributions are determined in proportion to the share of an estate or property an individual inherits. Essentially, the larger one's inherited portion, the greater their corresponding share of associated benefits or burdens.

Here are some examples illustrating this principle:

• Estate Administration Costs: Imagine an estate with three beneficiaries. The will specifies that all administrative fees, outstanding debts, and taxes must be paid by the beneficiaries pro quantitate haereditatis et temporis. If Beneficiary A is set to inherit 60% of the estate's net value, Beneficiary B 25%, and Beneficiary C 15%, then Beneficiary A would be responsible for 60% of these costs, Beneficiary B for 25%, and Beneficiary C for 15%. This demonstrates how financial burdens are distributed proportionally to each beneficiary's share of the inheritance.

• Shared Inherited Property Maintenance: Two siblings inherit a large apartment building from their parents. The will dictates that all future maintenance, insurance, and property tax expenses for the building should be divided pro quantitate haereditatis et temporis. If one sibling inherited a 75% ownership stake in the building and the other inherited 25%, then the sibling with the larger share would be responsible for three-quarters of these ongoing costs, and the other for one-quarter. This illustrates how ongoing responsibilities for an inherited asset are directly tied to the proportion of ownership each heir received.

• Business Liabilities: A founder of a successful tech startup leaves the company shares to their two adult children. Child X inherits 70% of the company, and Child Y inherits 30%. The will specifies that any existing or future liabilities related to the business, such as outstanding loans or potential legal claims, should be managed pro quantitate haereditatis et temporis by the heirs. This means Child X would bear 70% of any such financial obligations, reflecting their larger ownership stake, while Child Y would be responsible for 30%. This example shows how financial obligations linked to an inherited business are allocated based on the size of each heir's inherited portion.