Legal Definitions - unitas actus

unitas actus

The Latin term unitas actus, meaning "unity of action," refers to the legal principle that certain formal legal actions, particularly the execution of important documents like a will, must be completed as a single, continuous, and uninterrupted process. This means that all necessary steps, such as signing by the principal and witnesses, should occur without any significant intervening acts or breaks that could compromise the integrity or validity of the action.

• Example 1: Executing a Will

  Imagine an elderly individual, Mr. Henderson, is at his attorney's office to sign his last will and testament. The attorney explains the document, and Mr. Henderson signs it in the presence of two witnesses. Immediately after Mr. Henderson signs, but before the witnesses can add their signatures, Mr. Henderson receives an urgent call from his doctor and steps out of the room for twenty minutes to discuss a medical emergency. Upon his return, the witnesses then sign the will. In this scenario, the doctor's call and Mr. Henderson's departure constitute an "intervening act" that breaks the unitas actus of the will's execution. This interruption could potentially lead to challenges regarding the will's validity, as the entire signing process was not a single, continuous event.

• Example 2: Signing a Property Deed

  Consider a situation where Ms. Chen is selling her house and is at the title company to sign the deed transferring ownership to the buyer. The law requires her signature to be witnessed and notarized as part of a continuous process. Ms. Chen signs the deed in front of the notary public and the required witnesses. However, just as the notary is about to affix their seal and signature, Ms. Chen realizes she left her driver's license (needed for identification) in her car. She leaves the office for five minutes to retrieve it. Upon her return, the notary completes the attestation. Ms. Chen's brief departure, even for a necessary item, introduces an interruption that breaks the unitas actus required for the formal execution of the deed. This could potentially raise questions about the integrity of the witnessing and notarization process, as all parties were not continuously present during the entire sequence.

• Example 3: Formalizing a Trust Agreement

  Suppose a couple, the Millers, are establishing a complex family trust. The trust agreement requires their signatures, the signature of the trustee, and the attestation of a notary public, all to occur in one continuous session to ensure all parties are present and understand the commitment. The Millers sign the document, and the trustee begins to sign. However, halfway through the trustee's signature, a building-wide fire alarm sounds, requiring everyone to evacuate the premises for fifteen minutes. Once the all-clear is given and they return, the trustee finishes signing, and the notary then completes the document. The unexpected fire alarm and evacuation create a significant break in the unitas actus of the trust agreement's execution. While an unavoidable interruption, this break could potentially be cited in a future dispute to argue that the signing process lacked the required continuity, possibly affecting the document's enforceability or validity.