Legal Definitions - de aetate probanda

DE AETATE PROBANDA

De aetate probanda is a legal term that means "of (about) proving age." It refers to a writ that orders the sheriff to summon a jury to determine whether an heir of a tenant holding an estate directly of the Crown was old enough to receive the estate.

For example, if a person inherited an estate from their parents, but they were not yet of legal age to receive it, a de aetate probanda writ could be issued to determine if they were old enough to take possession of the estate.

In medieval England, de aetate probanda writs were commonly used to determine the age of heirs to estates held directly from the Crown. This was important because the Crown had the right to take possession of the estate if the heir was not yet of legal age.

The examples illustrate how de aetate probanda was used to determine the age of heirs to estates. In medieval England, this was important because the Crown had the right to take possession of the estate if the heir was not yet of legal age. The writ ensured that the heir was old enough to receive the estate and prevented the Crown from taking possession of it prematurely.