Legal Definitions - propter negligentiam haeredis jus suum non prosequentis

This Latin legal phrase translates to "on account of the negligence of the heir in not following up the heir's right." It describes a legal principle where an individual who is entitled to inherit something, such as property or assets, loses that entitlement because they failed to take the necessary legal steps or actions to claim it within a specified timeframe. Historically, this principle meant that an heir's inaction could lead to the forfeiture of their inheritance.

Here are some examples illustrating this concept:

• Unclaimed Real Estate: Imagine an heir is named in a will to receive a piece of undeveloped land. The heir is aware of this inheritance but, due to being busy or simply forgetting, never takes the formal steps to transfer the deed into their name or pay the property taxes for several years. Over time, the state might seize the land for unpaid taxes, or another party might claim it through adverse possession laws.

  This illustrates propter negligentiam haeredis jus suum non prosequentis because the heir, despite having a clear right to the land, neglected to pursue the necessary legal and administrative actions (like formal registration and tax payments) to secure and maintain that right, potentially leading to its forfeiture.

• Forfeited Financial Assets: An individual passes away, leaving a substantial sum in an old, dormant bank account to their designated heir. The executor of the estate informs the heir about these funds, but the heir procrastinates, never providing the required identification or completing the necessary paperwork to claim the money. After a statutory period (which varies by jurisdiction), the bank declares the account abandoned, and the funds are "escheated" (transferred) to the state as unclaimed property.

  Here, the heir's right to the financial assets is lost propter negligentiam haeredis jus suum non prosequentis. Even though they were legally entitled to the money and informed of it, their failure to actively "follow up" by providing details and completing paperwork resulted in the funds being transferred to the state, thereby forfeiting their direct claim.

• Missed Will Contest Deadline: An heir believes their deceased parent's will was created under duress or undue influence, leading to them receiving a smaller inheritance than they believe they are rightfully due. They discuss their concerns with family members but fail to consult an attorney or file a formal legal challenge to the will within the strict statutory deadline set by probate law (e.g., six months after the will is admitted to probate).

  This situation exemplifies propter negligentiam haeredis jus suum non prosequentis. The heir had a potential legal right to challenge the will and potentially claim a larger inheritance. However, their negligence in not "following up" by initiating a formal legal challenge within the strict statutory deadline means they lose the opportunity to assert that right, and the will as originally probated becomes final and unchallengeable.