Legal Definitions - res aliena scienter legata

Res aliena scienter legata is a Latin legal principle that describes a situation where a person, when writing their will, attempts to leave specific property to someone, even though they know they do not legally own that property themselves. The key element is the testator's awareness that the item belongs to another person or entity.

Here are some examples to illustrate this concept:

• Example 1: Family Heirloom Held in Trust
  Eleanor writes her will and includes a clause stating, "I bequeath my grandmother's antique silver tea set to my niece, Clara." However, Eleanor knows that the tea set was actually inherited by her brother, David, and she has merely been storing it for him. She has no legal claim of ownership over it.

  This is an example of res aliena scienter legata because Eleanor (the testator) knowingly attempted to bequeath property (the silver tea set) that she did not own, as it rightfully belonged to her brother, David.

• Example 2: Corporate Asset
  Mr. Henderson, the CEO of Tech Innovations Inc., drafts his personal will. In it, he includes a provision stating, "I leave the company's executive jet to my son, Michael." Mr. Henderson is fully aware that the jet is an asset of Tech Innovations Inc. and not his personal property, even though he uses it frequently for business travel.

  Here, Mr. Henderson's attempt to transfer the executive jet falls under res aliena scienter legata. He, as the testator, knowingly tried to bequeath an item (the jet) that was legally owned by the corporation, not by him personally.

• Example 3: Property Held for a Friend
  Sarah's friend, Mark, went abroad for several years and left his valuable vintage guitar collection with Sarah for safekeeping. In her will, Sarah writes, "I give Mark's vintage Fender Stratocaster to my nephew, Tom." Sarah knows perfectly well that the guitar belongs to Mark and she is merely its custodian, with no ownership rights.

  This illustrates res aliena scienter legata because Sarah (the testator) knowingly tried to bequeath the Fender Stratocaster, which she understood to be Mark's property, not her own. She was aware she did not have the legal right to dispose of it in her will.