Legal Definitions - quoad non executa

Quoad non executa is a term originating from Scots law. It translates to "with regard to the acts not done" or "as to what remains unexecuted."

This legal principle applies when an individual, who was responsible for a set of duties or tasks, has only partially completed them. It allows for a new individual to be appointed specifically to carry out the remaining, unfulfilled actions or responsibilities that the previous person left undone.

Here are some examples to illustrate this concept:

• Trust Management: Imagine a trustee appointed to manage a complex trust, which includes overseeing several properties, managing investments, and distributing funds to multiple beneficiaries. The trustee successfully manages the investments and distributes income to most beneficiaries for several years. However, due to unforeseen circumstances like a sudden illness, they are unable to complete the sale of a specific property as outlined in the trust deed, nor do they establish a required educational fund for one of the younger beneficiaries.

  In this situation, a new trustee might be appointed quoad non executa. This means the new trustee's authority would be limited to specifically addressing and completing the acts that were "not done" by the previous trustee – in this case, selling the specific property and establishing the educational fund – rather than re-managing the entire trust from scratch.

• Guardianship of a Minor: Consider a guardian appointed by a court to manage the financial affairs and personal welfare of a minor child until they reach adulthood. The guardian diligently manages the child's inheritance, ensures their educational needs are met, and handles daily expenses. However, before the child turns 18, the guardian passes away, leaving several long-term financial planning tasks unfinished, such as setting up a specific investment portfolio for the child's future university tuition as stipulated in the original guardianship order.

  A new guardian could then be appointed quoad non executa. Their role would be specifically focused on completing those "unexecuted" tasks – in this instance, establishing the particular investment portfolio – rather than taking over all aspects of the guardianship that were already successfully managed by the previous guardian.