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NeCede's

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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