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In Extremis Law & Legal Definition

[Latin, In extremity.] In extremis is a term used in reference to the last illness prior to death or on one’s deathbed.

The term is generally used in connection with admittance of a dying declaration into evidence. To say that a person who is the declarant was “in extremis”, there must be clear proof of the certainty of speedy death, and that the declarant had no hope of recovery. A "dying declaration" is inadmissible in evidence, unless made under a solemn belief of impending death. Before admitting the hearsay statement as a dying declaration, the court must make a preliminary investigation in order to determine whether the declarant was in fact in extremis at the time and believed that his/her death was impending. The dying declaration evidence rule is based on a belief that one who is on his/her death bed is likely to be truthful.

A causa mortis gift is made by an individual who is in extremis.





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