Legal Definitions - successio praedilecta

Successio praedilecta is a historical legal concept referring to a preferred succession. It describes a situation where a person making a will (the testator) specifically designates a particular individual or entity to inherit certain assets, or establishes a specific order of inheritance, indicating a clear preference over other potential beneficiaries or a standard division of assets.

Here are some examples to illustrate this concept:

• Example 1: Family Business Inheritance

  Imagine a successful restaurateur, Mr. Chen, who owns a popular chain of restaurants. He has three children, but only his eldest daughter, Mei, has shown a deep passion for the culinary arts and has worked alongside him for years, learning every aspect of the business. In his will, Mr. Chen explicitly states that his entire restaurant empire, including all properties, intellectual property, and operational funds, should be inherited solely by Mei. His other assets, such as his personal investments and real estate, are to be divided equally among all three children. This specific designation of the business to Mei, based on her involvement and interest, represents a successio praedilecta because Mr. Chen clearly preferred her to succeed him in that particular aspect of his estate.

• Example 2: Valued Heirloom

  Consider Mrs. Rodriguez, who possesses a unique antique locket that has been passed down through her family for generations. While she has several grandchildren, she knows that her granddaughter, Sofia, has a keen interest in family history and has always cherished stories about the locket. In her will, Mrs. Rodriguez specifically bequeaths the locket to Sofia, rather than including it in the general distribution of her personal property among all her grandchildren. This direct and intentional gift of the locket to Sofia, reflecting Mrs. Rodriguez's desire for it to go to someone who truly values its heritage, is an instance of a successio praedilecta for that specific item.

• Example 3: Conditional Educational Trust

  Suppose Mr. Davies, a retired professor, establishes a trust in his will to fund the university education of his grandchildren. He specifies that his granddaughter, Emily, who has already demonstrated exceptional academic promise and a strong desire to pursue a medical degree, should receive priority access to the trust funds for her tuition and living expenses. Any remaining funds after Emily's education is complete would then be available for his other grandchildren. This prioritization of Emily's educational funding, based on Mr. Davies's perceived need and potential, illustrates a successio praedilecta because he has set a preferred order for the distribution of a specific portion of his estate.