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LSDefine

Simple English definitions for legal terms

quibus non existentibus

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A quick definition of quibus non existentibus:

Term: QUIBUS NON EXISTENTIBUS

Definition: In Scots law, this phrase means "whom failing." It is used in a legal document to refer to one or more people who never existed. It is similar to the term QUIBUS DEFICIENTIBUS, which means "whom failing."

A more thorough explanation:

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.

quibus deficientibus | qui cedit foro

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