Understanding Votum Captandae Mortis Aliena in Inheritance Law

Definition & Meaning

The term votum captandae mortis aliena is a Latin phrase that translates to "a desire for the death of another." In legal contexts, it refers to the situation where one person wishes for the death of another, particularly in relation to inheritance matters. This concept arises during the lifetime of an ancestor, where a potential heir cannot take any actions regarding the ancestor's property, such as selling their expectation of inheritance, known as spes successionis. This expectation indicates a belief that the ancestor will pass away, allowing the heir to inherit the property.

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Legal Use & context

This term is primarily used in the context of inheritance law and estate planning. It is relevant in civil law, particularly in cases involving wills and estates. Understanding this concept can help individuals navigate issues related to inheritance and the rights of heirs. Users may find it beneficial to utilize legal templates from US Legal Forms to manage their estate planning documents effectively.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A person who is unhappy with their parent's decisions regarding their estate may express a desire for the parent's death to gain access to the inheritance sooner. This situation highlights the emotional and legal complexities surrounding inheritance.

Example 2: An heir attempts to sell their expectation of inheritance while their ancestor is still alive, which is not legally permissible, as it indicates an expectation of the ancestor's death.

State-by-state differences

Examples of state differences (not exhaustive):

State	Legal Context
California	Heirs cannot sell their expectancy until the ancestor passes away.
New York	Similar restrictions apply regarding the sale of expectancy.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Difference
Spes successionis	Expectation of inheriting property from a deceased ancestor.	Focuses on the expectation rather than the desire for death.
Testamentary Intent	Intent of a person to distribute their estate upon death.	Concerned with the distribution of assets, not the desire for death.

Common misunderstandings

What to do if this term applies to you

If you find yourself in a situation where this term applies, consider the following steps:

Review your rights and obligations regarding inheritance.
Consult with a legal professional to understand the implications of your situation.
Explore US Legal Forms for templates that can help with estate planning and related documents.

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Quick facts

Attribute	Details
Legal Context	Inheritance law
Restrictions	Heirs cannot act on property until the ancestor passes away
Expectation of Inheritance	Spes successionis