Legal Definitions - ut nihil illi desit

Ut nihil illi desit is a Latin phrase that translates to "that nothing may be wanting to him" or "that nothing should be lacking to him." In a legal context, this principle emphasizes the complete and comprehensive provision for an individual, ensuring that all necessary needs, entitlements, or requirements are fully met without any deficiency or omission. It signifies a state where an individual is adequately and entirely supplied with everything essential.

• Example 1 (Estate Planning): A wealthy individual drafts a will establishing a trust for their surviving spouse, explicitly stating that the trust's assets should be managed ut nihil illi desit for the remainder of their life. This means the trustee is legally bound to ensure the spouse's housing, medical care, reasonable living expenses, and any other essential comforts are fully provided for, leaving no critical need unaddressed.

  Explanation: This illustrates the term by showing how the trust is designed to provide entirely for the spouse, ensuring that no necessary financial or material support is missing from their life.

• Example 2 (Guardianship and Welfare): When a court appoints a guardian for a minor child whose parents have passed away, the court's order might instruct the guardian to care for the child ut nihil illi desit. This directive would compel the guardian to ensure not only the child's basic needs like food and shelter are met, but also their education, emotional well-being, healthcare, and opportunities for personal development are comprehensively addressed.

  Explanation: Here, the court's instruction goes beyond mere subsistence, aiming to ensure the child's complete well-being and future opportunities are secured, reflecting the principle that nothing essential for their development and welfare should be lacking.

• Example 3 (Contractual Obligations): A government agency contracts with a construction company to build a new public library, with a clause stipulating that the final structure must be delivered ut nihil illi desit for its intended use by the community. This implies that the building must not only meet architectural specifications but also be fully equipped with necessary utilities, furniture, accessibility features, and safety systems, ensuring it is immediately functional and complete for public service without any missing components.

  Explanation: This example demonstrates the term in a commercial context, where the contract ensures the client (the government agency) receives a holistic and ready-to-use facility, meaning the library will be so comprehensive that no essential feature or element will be missing for its operational purpose.