Sola superviventia refers to the survival of something solely due to being the sole remaining entity. It can be likened to being the final person standing in a game of musical chairs. This phrase originates from Latin and was commonly employed in legal settings to depict a scenario where something or someone had fortuitously endured.
SOLA SUPERVIVENTIA, also known as “by mere survival” in Law Latin, refers to the concept of surviving solely by chance or luck. This was evident during the war when numerous individuals lost their homes and businesses, leaving only a handful of buildings standing, which had sola superviventia. Following the earthquake, the rescue team scoured the rubble in search of survivors and discovered a woman who had sola superviventia, indicating that she had survived purely by sheer luck. These examples highlight how sola superviventia signifies surviving through fortuitous circumstances. In the first instance, the buildings that endured the destruction did so because they were fortunate enough to withstand it. Similarly, in the second example, the woman survived the earthquake due to her fortunate positioning in an area that was not completely demolished.
Sola Superviventia is a Latin term that translates to “sole survivorship.” It refers to a legal principle that determines the distribution of property or assets when all joint owners or tenants pass away except for one.
In joint tenancy, if one of the joint tenants dies, their share automatically passes to the surviving joint tenants. However, if all joint tenants except one pass away, the principle of Sola Superviventia comes into play to determine the distribution of the property.
No, Sola Superviventia typically applies to joint tenancy and tenancy by the entirety. It may not apply to other forms of joint ownership, such as tenancy in common.
If there is no provision for Sola Superviventia in the joint tenancy agreement, the property may be subject to the laws of intestate succession, which determine how assets are distributed when someone dies without a will.
Yes, Sola Superviventia can be overridden by a valid will. If a joint tenant specifies a different distribution of their share in their will, the provisions of the will take precedence over the principle of Sola Superviventia.
Yes, Sola Superviventia can be challenged in court if there are valid grounds to do so. For example, if there is evidence of fraud, undue influence, or coercion in the creation or execution of the joint tenancy agreement, a court may consider invalidating the principle.
Yes, Sola Superviventia can apply to both real property (land and buildings) and personal property (movable assets). However, the specific laws governing personal property may vary depending on the jurisdiction.
Yes, Sola Superviventia can be modified or waived through a written agreement between the joint tenants. It is advisable to consult with an attorney to ensure that any modifications or waivers comply with the applicable laws in your jurisdiction.
If the surviving joint tenant also dies without a will, the property may be subject to the laws of intestate succession once again, unless there are other provisions in place, such as a trust or a designated beneficiary.
The principle of Sola Superviventia may not be recognized in all jurisdictions, as laws regarding joint tenancy and property distribution can vary. It is essential to consult with a local attorney to understand the specific laws and regulations applicable in your jurisdiction.
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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