Mortua manus, also known as deadhand control, is a legal concept that allows individuals to maintain control over their property or assets even after their death. This control is exercised through instructions outlined in their will or other legal documents, enabling their “dead hand” to continue influencing their belongings.
Mortua manus, also known as deadhand control, is a Latin term that describes the legal arrangement in which a person’s property remains under their control even after their death through a trust or other legal instrument. For instance, a wealthy businessman may establish a trust that continues to manage his assets after his passing. The trust outlines that his children will receive a specific annual amount, while the remaining funds will be invested or utilised for charitable purposes. Even after his death, the businessman’s control over his assets persists through the trust. This example demonstrates the functioning of mortua manus or deadhand control, wherein the individual who establishes the trust retains authority over their assets beyond their demise. The trust specifies the management and distribution of the assets, granting limited control to the beneficiaries. This legal arrangement is commonly employed to ensure the fulfilment of the person’s wishes posthumously.
Mortua Manus is a Latin term that translates to “dead hand” and refers to a legal concept where a person’s property is controlled even after their death through specific instructions in their will or trust.
Yes, you can include Mortua Manus provisions in your will if you want to maintain control over your assets even after your death. However, it is important to consult with an attorney to ensure that your wishes are properly documented and legally enforceable.
Mortua Manus provisions can include various instructions, such as restrictions on how the assets can be used, conditions for their distribution, or designating specific individuals or organisations as beneficiaries.
Yes, Mortua Manus provisions can be legally binding if they meet the necessary legal requirements and are properly executed. It is crucial to consult with an attorney to ensure that your Mortua Manus provisions comply with applicable laws.
Yes, Mortua Manus provisions can be challenged in court if there are valid grounds, such as allegations of undue influence, lack of capacity, or fraud. It is advisable to consult with an attorney to understand the potential challenges and how to strengthen the enforceability of your Mortua Manus provisions.
Yes, Mortua Manus provisions can be changed or revoked during the testator’s lifetime as long as they have the legal capacity to do so. This can be done through a codicil (an amendment to the will) or by creating a new will that expressly revokes the previous provisions.
No, Mortua Manus provisions cannot control assets indefinitely. There are legal limitations on the duration of such provisions, and they must comply with the applicable laws and regulations governing wills and trusts.
Mortua Manus provisions cannot be used to completely bypass inheritance laws. While they can provide some control over the distribution of assets, they must still comply with the legal requirements and restrictions imposed by the jurisdiction’s inheritance laws.
Yes, Mortua Manus provisions can be used to disinherit certain individuals if the testator explicitly states their intention in the will or trust. However, it is important to consult with an attorney to ensure that the disinheritance is legally valid and complies with any applicable legal requirements.
Mortua Manus provisions may not be recognized in all jurisdictions, as the laws governing wills and trusts can vary. It is essential to consult with an attorney who is knowledgeable about the laws in your jurisdiction to determine the enforceability of Mortua Manus provisions.
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.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/mortua-manus/
- Modern Language Association (MLA):Mortua Manus. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/mortua-manus/.
- Chicago Manual of Style (CMS):Mortua Manus. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/mortua-manus/ (accessed: May 09 2024).
- American Psychological Association (APA):Mortua Manus. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/mortua-manus/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts