Legal Definitions - provisione hominis

provisione hominis is a historical Latin legal term that translates to "by an individual's appointment" or "by a person's specific designation." It refers to situations where an outcome, a right, or a responsibility arises because a particular individual has deliberately chosen or designated it to happen, rather than it occurring automatically by operation of law or a general rule.

Historically, this term was most commonly used in the context of inheritance. It distinguished heirs specifically named in a will by a testator (the person making the will) from those who would inherit automatically according to the laws of succession if no will existed. In essence, it highlights the power of an individual's personal choice in shaping legal outcomes.

• Example 1: Specific Inheritance in a Will

  Scenario: Ms. Chen, an avid art collector, drafts her will. While her state's laws of intestacy (dying without a will) would typically distribute her entire estate to her two children equally, Ms. Chen specifically includes a clause stating that her valuable collection of antique Chinese porcelain is to be given to her niece, Emily, who shares her passion for art.

  Illustration: Emily receives the antique porcelain collection provisione hominis. This means she receives it not because the law generally dictates it, but because Ms. Chen, as an individual, personally appointed or designated Emily to receive that specific item through her will. Ms. Chen's personal choice overrides the default legal distribution for that particular asset.

• Example 2: Parental Appointment of a Guardian

  Scenario: Mr. Davies, a single father, updates his will to include a provision naming his brother, Uncle Mark, as the legal guardian for his minor daughter, Sarah, should anything happen to him. Without this specific appointment, a court would typically decide on guardianship based on various legal factors and family circumstances, which might not align with Mr. Davies's wishes.

  Illustration: Uncle Mark would become Sarah's guardian provisione hominis. His role as guardian arises directly from Mr. Davies's personal appointment and express wish, rather than from a court's decision made in the absence of such a designation. It's Mr. Davies's individual choice that establishes the guardianship.

• Example 3: Naming an Executor for an Estate

  Scenario: When drafting her estate plan, Mrs. Rodriguez names her trusted friend, Mr. Lee, as the executor of her will. The executor is responsible for managing her estate, paying debts, and distributing assets according to her wishes. If Mrs. Rodriguez had not named an executor, the court would typically appoint an administrator to perform these duties, who might be a stranger or a less preferred family member.

  Illustration: Mr. Lee serves as the executor of Mrs. Rodriguez's estate provisione hominis. His authority and responsibility stem from Mrs. Rodriguez's personal appointment of him to that specific role, rather than from a default legal process that would otherwise assign an administrator. Her individual choice dictates who manages her final affairs.