post-obit bond
Noun: A type of legal and financial instrument. Specifically, a bond (a formal debt agreement) that is created by a person who expects to inherit property or money in the future (a reversioner). This bond is used to secure a loan in the present. The key condition is that the repayment of the loan is not due until after the death (post-obit) of the person from whom the reversioner expects to inherit.
This is a specialized legal and financial term. It is used in contexts involving inheritance law, estate planning, and secured lending. - The bond is executed by the reversioner (the future inheritor). - The loan is secured against the future inheritance. - The obligation to repay becomes enforceable only upon the death of the person whose estate is being inherited.
- Legal Document: "The heir, needing immediate funds, entered into a with the lender, agreeing to repay the principal and interest from his expected share of the estate."
- Financial Context: "Lenders consider to be high-risk investments, as repayment is contingent on both the value of the future inheritance and the order of deaths."
- Explanation: "A allows someone to borrow money today based on the value of an inheritance they will receive tomorrow."
- Contingent Nature: The bond's validity and enforceability are entirely contingent on the reversioner actually receiving the inheritance. If the reversioner predeceases the testator or is disinherited, the bond may become void or unenforceable.
- Usury Considerations: Historically, such instruments were scrutinized under usury laws, as the interest could be seen as excessive given the high risk and long wait for repayment.
- Reversioner (noun): A person who has the future right to an estate or property, typically upon the death of the current holder.
- Bond (noun): A formal debt security where the issuer owes the holders a debt and is obliged to pay interest and/or repay the principal at a later date.
- Contingent Debt (noun): A debt obligation that becomes due only if a specific future event occurs.
- Post-obituary bond: A less common but synonymous term.
- Expectancy-backed bond: A descriptive phrase highlighting its basis in a future expectation.
- Inheritance loan agreement: A more general descriptive term for the transaction.
This is a highly technical term not used in everyday conversation. It is primarily found in legal documents, historical financial texts, and discussions of probate and estate law. The hyphenated form "post-obit" is derived from Latin (post meaning "after" and obit meaning "death").
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a bond made by a reversioner to secure a loan; payable out of his reversion
