Collatione facta uni post mortem alterius is a legal term that refers to the situation where one person’s death allows another person to assume their position. It can be likened to when you are unable to attend a party, so your friend goes in your place. This term was utilised in a specific court request to ask a bishop to designate a replacement for a vacant position due to the previous individual’s untimely demise before commencing their duties.
Collatione facta uni post mortem alterius is a Latin legal term that refers to the process of appointing a successor to a benefice after the death of the previous appointee. This term is used to describe a writ that is directed to the Court of Common Pleas, requesting the court to order a bishop to appoint a new clerk to fill the vacancy. For example, if a clerk appointed to a benefice passes away before assuming the position, the bishop would need to appoint another clerk to fill the vacancy. The writ of collatione facta uni post mortem alterius would be used to request the Court of Common Pleas to order the bishop to make the appointment. This writ ensures that the benefice is promptly filled and prevents it from remaining vacant for an extended period. It is necessary because the bishop may not be willing or able to make the appointment without a court order.
Collatione Facta Uni Post Mortem Alterius is a Latin term that refers to the process of equalizing the shares of heirs in an inheritance by taking into account any gifts or advancements made by the deceased during their lifetime.
This process ensures fairness among the heirs by considering any gifts or advancements made by the deceased, which may affect the distribution of the estate.
Typically, it is the duty of the executor or administrator of the deceased’s estate to conduct the collation process.
Any gifts or advancements made by the deceased during their lifetime, such as monetary transfers, property transfers, or forgiveness of debts, are considered in this process.
No, only gifts or advancements made to the heirs who are entitled to a share in the inheritance are subject to collation.
The value of gifts or advancements is determined at the time they were made, taking into account any changes in value since then.
Yes, certain gifts or advancements can be excluded if they were intended as a final settlement or if they were made to fulfill a moral obligation.
If an heir fails to collate a gift or advancement received, it may be considered as an advancement on their share of the inheritance, reducing their entitlement accordingly.
Yes, the collation process can be challenged if there are disputes or disagreements among the heirs regarding the value or inclusion of certain gifts or advancements.
Failure to conduct the collation process may result in an unequal distribution of the estate, potentially leading to disputes and legal challenges among the heirs.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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