16/06/16 Latinisms: in esse; in posse

e-legal lesson

In esse = in actual existence; in being.
In posse = potential; not realized.

Examples:
There is no legal objection to constituting such a trustee in favor of one who was not in esse when the fraud was perpetrated.
A court would not intervene to deprive the children – in esse or in posse – of their property rights under such a provision.
There is no good reason why the phrases in being and potential should not be substituted in place of these Latinisms.