Legal Definitions - de statu defunctorum

DE STATU DEFUNCTORUM

De statu defunctorum is a Latin term used in Scots law to refer to the status of a deceased person. It is often used to address questions about the legitimacy of the decedent.

Example 1: In a court case, the legitimacy of the decedent's children was questioned. The judge ordered an investigation into de statu defunctorum to determine their legal status.

Example 2: A family member contested the will of the deceased, claiming that they were not of sound mind when they made the will. The court ordered an inquiry into de statu defunctorum to determine the mental capacity of the decedent at the time of the will's creation.

These examples illustrate how de statu defunctorum is used in Scots law to address questions about the legal status of a deceased person. It is often used to determine the legitimacy of heirs or the mental capacity of the decedent at the time of creating a will.