Legal Definitions - quibus deficientibus

Quibus deficientibus is a historical legal phrase, primarily from Scots law, which translates from Latin to "who failing" or "these failing." It was used in legal documents, particularly those concerning inheritance, property transfer, or the succession of roles, to specify what should happen if a designated person or group of people could not or did not fulfill a condition, or were no longer able to receive an inheritance or maintain a position. Essentially, it introduced a contingency, outlining the next course of action if the primary arrangement failed due to the inability or absence of the initially named parties.

Here are some examples illustrating the application of quibus deficientibus:

• Imagine a historical will from Scotland that states: "My estate shall pass to my eldest son, Robert. Quibus deficientibus, the estate shall then pass to my second son, James."

  This illustrates quibus deficientibus by establishing a clear alternative. If Robert were to die before his father, or for some other legal reason be unable to inherit (e.g., he disclaimed the inheritance), then Robert would be considered "failing," and the estate would automatically pass to James as the next designated beneficiary.

• Consider a charter establishing a medieval guild, which might have outlined the succession of its leadership: "The Master of the Guild shall be elected annually. Quibus deficientibus (should the elected Master die, resign, or become incapacitated during their term), the Senior Warden shall immediately assume the duties of Master until a new election can be held."

  In this context, quibus deficientibus addresses the contingency of the primary officeholder's inability to continue their role. It ensures the smooth operation of the guild by pre-determining who steps in if the Master "fails" to complete their term.

• Picture a historical land grant from a Scottish noble to a vassal family, stating: "This parcel of land is granted to the MacGregor family, to be held by the direct male heir. Quibus deficientibus (should the direct male line of the MacGregor family ever die out), the land shall revert to the grantor's estate."

  Here, quibus deficientibus refers to the failure of an entire lineage to continue. If the MacGregor family's direct male line were to become extinct, this clause would trigger the reversion of the land, demonstrating how the term could define the consequences of a long-term failure in a designated succession.