Define: Clare Constat

The term “clare constat” is a Latin phrase commonly used in Scottish law to indicate that something is clearly evident. In the context of a legal document known as a precept, it was employed to grant land to the legitimate heir of a deceased individual. The precept of clare constat could be issued based on any form of evidence that established the claimant as the rightful heir to the land.

Clare constat is a term in Scots law that means “it clearly appears.” Originally, it referred to a precept or writ for granting seisin to a vassal’s heir. The opening lines of the declaration state that it is evident that the grantee is the rightful heir. For instance, a precept of clare constat is a legal document executed by a subject-superior to establish the title of a deceased vassal’s heir to the lands they held. This precept relies on any evidence, whether judicial or not, that convinces the superior that the claimant is the last vassal’s heir. In summary, this example demonstrates how a precept of clare constat is utilised to determine the legitimate heir to a deceased vassal’s lands. This document, executed by a subject-superior, relies on any evidence that proves the claimant’s status as the last vassal’s heir. In Scots law, this document is crucial as it ensures that the rightful heir inherits the lands of the deceased vassal.

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This glossary post was last updated: 17th April 2024.