Maxim 1.5.344
He who has written himself heir.
Qui se scripsit haeredem.
Source: Wharton, III-281; Weisman, 12e; Weisman, 104g
Difficulty 3/5 — Intermediate
Explanation
One who names himself as heir in an instrument he has drafted is regarded with suspicion — a man cannot be the author of his own entitlement to another's estate.
Where this applies
- An attorney drafts a client's will naming himself as the primary beneficiary, and the court views the bequest with suspicion because a drafter should not make himself the heir of his own instrument.
- An accountant who prepared a trust document inserted a clause directing fees to his own firm, and the court scrutinizes the self-serving provision because a man cannot be the author of his own entitlement.
- A corporate officer drafts a board resolution awarding himself a large bonus, and the court examines the resolution with heightened skepticism because one who writes himself into a benefit is inherently suspect.
Legal domains
See also
Cite this maxim
NeCede Max. 1.5.344 — He who has written himself heir. — Wharton, III-281; Weisman, 12e; Weisman, 104g (Qui se scripsit haeredem.)
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