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Simple English definitions for legal terms

partitio

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A quick definition of partitio:

Term: PARTITIO

Definition: Partitio is a legal term from ancient Rome that means division or partition. In the context of inheritance, it refers to a directive from a person who has passed away (testator) to their heir to divide the inheritance and give a specific portion to a named legatee. This is known as a testamentary partition.

A more thorough explanation:

Partitio (pronounced pahr-tish-ee-oh) is a Latin term used in Roman law that means division or partition. In legal terms, it refers to the act of dividing an inheritance among heirs or beneficiaries.

Partitio legata (pronounced pahr-tish-ee-oh luh-gay-tuh) is a specific type of partitio that involves a directive from a testator (a person who makes a will) to an heir to divide the inheritance and deliver a designated portion to a named legatee (a person who receives a legacy or gift in a will).

For example, if a wealthy person dies and leaves behind a large estate, their will may include instructions for a partitio to divide the assets among their children, spouse, and other beneficiaries. The partitio may specify how much each person should receive and what assets they should inherit.

In another example, a testator may use a partitio legata to leave a specific piece of property, such as a family heirloom or a valuable piece of land, to a named legatee. The partitio legata would instruct the heir to transfer ownership of the property to the legatee as part of the inheritance.

These examples illustrate how partitio can be used to ensure that an inheritance is divided fairly and according to the wishes of the testator. By using a partitio, the testator can avoid disputes among heirs and ensure that each beneficiary receives their rightful share of the estate.

particular title | partition in kind

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