Maxim 1.5.87
Inheritance never ascends.
Hereditas nunquam ascendit.
Source: Glanville, l. 7, c. 1; Jackson
Difficulty 1/5 — Foundational
Explanation
Under the feudal rule, property descended to heirs below but never passed upward to ancestors — this maxim was later modified by statute in most jurisdictions.
Where this applies
- A parent tries to inherit from their deceased child.
- Someone claims they should receive property from a younger relative who died.
Legal domains
Cite this maxim
NeCede Max. 1.5.87 — Inheritance never ascends. — Glanville, l. 7, c. 1; Jackson (Hereditas nunquam ascendit.)
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