Pretermit refers to the act of intentionally ignoring or disregarding something, or unintentionally overlooking or omitting something. For instance, a court may pretermit a constitutional issue by basing its decision on procedural matters, or an individual may pretermit a child in their will by inadvertently excluding them. This term is commonly used in legal situations, particularly in relation to heirs.
Definition:
To intentionally ignore or disregard, or to accidentally neglect, overlook, or omit.
Example 1: The court intentionally disregarded the constitutional question by deciding the case on procedural grounds.
Example 2: The third child was accidentally overlooked or omitted in the will.
Note: In legal contexts, particularly those involving heirs, the second sense of the definition is more frequently employed.
In legal terms, “pretermit” refers to the act of unintentionally omitting or neglecting to include someone, usually a child or spouse, in a will or trust.
If someone is pretermitted in a will or trust, they may have a legal claim to a portion of the estate, even if they were not explicitly mentioned in the document.
Yes, pretermitting someone in a will or trust can be challenged in court. The pretermitted individual may file a lawsuit to claim their rightful share of the estate.
To avoid pretermitting someone, it is crucial to regularly review and update your estate planning documents. Consulting with an experienced attorney can help ensure all relevant individuals are included.
If a pretermitted individual is not mentioned in the will or trust at all, they may be entitled to a statutory share of the estate, which is typically a percentage of the total assets.
Pretermitting someone alone may not invalidate a will or trust. However, if the omission was intentional or resulted from undue influence or fraud, it could potentially lead to the document being invalidated.
Yes, pretermitting someone can significantly impact the distribution of assets. The pretermitted individual may be entitled to a share of the estate, which could alter the intended distribution among other beneficiaries.
Pretermitting someone is typically unintentional, as it refers to an accidental omission. However, in some cases, it may be done intentionally to disinherit someone. Intentional pretermission can be subject to legal challenges.
Yes, pretermitting someone can be rectified after the testator’s death through legal proceedings. The pretermitted individual may file a claim against the estate to seek their rightful share.
No, pretermitting someone and disinheriting them are different concepts. Pretermitting refers to an accidental omission, while disinheriting is a deliberate decision to exclude someone from inheriting any assets.
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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