Legal Definitions - spes successionis in destinatione

The Latin term spes successionis in destinatione refers to the hope or expectation of inheriting property or assets that have been specifically designated to an individual in a will or another legal document.

It is important to understand that this is not a current legal right to the property. Instead, it represents a future, contingent interest that depends on certain events occurring, such as the death of the person who made the will, and the will remaining unchanged. Essentially, it is the anticipation of receiving something because it has been named for you in a formal legal instrument.

• Example 1: Direct Designation in a Will

  An elderly woman, Mrs. Henderson, drafts her will, stating that her valuable collection of rare books will be bequeathed to her nephew, David, upon her passing. While Mrs. Henderson is still alive, David has a spes successionis in destinatione concerning the book collection. He does not own the books yet, and Mrs. Henderson is free to change her will at any time. However, based on the current will, he has a designated expectation of inheriting them in the future.

• Example 2: Contingent Beneficiary in a Trust

  A wealthy entrepreneur establishes a living trust that provides for his daughter, Sarah, to receive income from the trust for her entire life. The trust document further specifies that upon Sarah's death, the remaining principal of the trust will be distributed to her son, Michael. During Sarah's lifetime, Michael has a spes successionis in destinatione regarding the trust principal. His hope of inheriting is designated within the trust document, but it is contingent on his mother's death and is not a current right to the principal itself.

• Example 3: Future Interest in Real Estate

  A couple executes a deed that grants their vacation home to their son, Robert, but reserves a "life estate" for themselves. This means they retain the right to live in and use the home for the rest of their lives. Upon the death of both parents, full ownership will transfer to Robert. While both parents are still alive, Robert has a spes successionis in destinatione regarding the vacation home. He has a designated future interest in the property, but his actual possession and full ownership are contingent upon the passing of his parents.