Skip to content
NeCede's

Maxim 1.5.251

The right of survivorship is preferred to the last will.

Jus accrescendi praefertur ultimae voluntati.

Source: Co. Litt. 185; Wharton Difficulty 2/5 — Approachable

Explanation

In a joint tenancy, the right of survivorship overrides the will of a deceased tenant — the surviving tenant takes the whole, and the deceased's testamentary disposition of his share is defeated.

Where this applies

  • A joint tenant dies and their will tries to leave their share to someone else.
  • A deceased co-owner's will is defeated by the surviving owner's right of survivorship.

Legal domains

Cite this maxim

NeCede Max. 1.5.251 — The right of survivorship is preferred to the last will. — Co. Litt. 185; Wharton (Jus accrescendi praefertur ultimae voluntati.)

Found an error? Suggest a correction →