In Futuro
Literal meaning: “In the future”
What does the Latin term "In Futuro" mean in law?
In futuro refers to something that is to take effect or come into existence at a future time. In property law, a gift in futuro is one that conveys a future interest rather than present possession, and such gifts may fail if they do not satisfy delivery requirements. Courts distinguish between a present gift of a future interest (which is valid) and a mere promise to make a gift in futuro (which lacks consideration and is unenforceable). In contract law, an obligation to perform in futuro creates an executory duty. The term is also used in constitutional and statutory contexts to describe the prospective application of a legal rule or judgment.
Source: Property · Legal Latin
Legal Definition
In futuro refers to something that is to take effect or come into existence at a future time. In property law, a gift in futuro is one that conveys a future interest rather than present possession, and such gifts may fail if they do not satisfy delivery requirements. Courts distinguish between a present gift of a future interest (which is valid) and a mere promise to make a gift in futuro (which lacks consideration and is unenforceable). In contract law, an obligation to perform in futuro creates an executory duty. The term is also used in constitutional and statutory contexts to describe the prospective application of a legal rule or judgment.
How It's Used
Property and estate attorneys encounter in futuro in analyzing whether a purported gift constitutes a presently effective transfer of a future interest or an unenforceable promise. The distinction is critical in will contests and gift disputes.
Example Sentences
The court held that the donor's statement was merely a promise to give the property in futuro, not a present transfer, and was therefore unenforceable for lack of consideration.
The lease granted the tenant an option to purchase the property in futuro at a price to be determined by appraisal.
The statute was given prospective application only, governing conduct in futuro and not disturbing rights that had already vested.