Duhaime.org
Law · Legal Information · Justice
 

Decedent
An individual who has died.

In law, an individual who has died.

Synomous with "the deceased".

For a sample of the word used in Canadian statute, consider ¶616 of Quebec's Civil Code:

"Where persons die and it is impossible to determine which survived the other, they are deemed to have died at the same time if at least one of them is called to the succession of the other. The succession of each of the decedents then devolves to the persons who would have been called to take it in his place."

The word is in great use in the United States to formally refer to the deceased in estate administration statutes such as intestacy laws. For example, the 2005 model or proposed uniform probate code of the United States, ¶2-104, contains this provision (published at law.upenn.edu/bll/archives/ulc/upc/final2005.htm):

"An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly...."

Legal Dictionary

Legal terms by first letter:

Dictionary Homepage

Legal Citations & Abbreviations

Legal Citations by first letter:

Legal Citations Homepage

Law Resources by Topic

Duhaime's LawMag

Theo Fleury, True-Crime Confession

Canada's media go goo-goo gaa-gaa over child sexual abuse survivor and ex-professional hockey player Theo Fleury even though in his recent biography, he relishes in tales of unlawful conduct.

A'Twitter and A'Facebook: Field of Dreams for Law Enforcement

Privacy bleeding hearts be damned: long live the use of information technology to prevent crime and assist law enforcement.

Saint Lawyer: Lawyers Who Were Sainted

Merry Christ Mass to all and to lawyers too! Saint Ives may be the patron saint of lawyers but he is not the only lawyer to have been sainted by the Roman Catholic Pope.

Read earlier headlines »

Subscribe to stay in touch »

Law Museum & Legal History

Law Fun

Crime Prevention & Personal Safety

Login



Register
Forgot Password?

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top