Legal Definitions - quibus non existentibus

QUIBUS NON EXISTENTIBUS

Quibus non existentibus is a Latin term used in Scots law to refer to individuals who never existed. It means "whom failing."

In a legal document, a person may write, "I leave my estate to my children, quibus non existentibus, to my grandchildren."

Another example could be, "I leave my property to my spouse, quibus non existentibus, to my siblings."

The examples illustrate that if the first named beneficiary does not exist, the inheritance will pass to the next named beneficiary. For instance, if the person who wrote the will had no children, the estate would pass to their grandchildren. If they had no grandchildren, it would pass to their siblings. This phrase is used to ensure that the property or assets are distributed according to the testator's wishes, even if the named beneficiaries do not exist.