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 →