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NeCede's

Maxim 11.1.34

Old age alone and of itself does not vitiate a gift, a will, or a transaction.

Sola ac per se senectus donationem, testamentum, aut transactionem non vitiat.

Source: Wharton, III-321 Difficulty 3/5 — Intermediate

Explanation

Advanced age, standing alone, is no ground to set aside a deed, will, or contract — incapacity must be proved by evidence of mental infirmity, not merely by the passage of years.

Where this applies

  • An 85-year-old woman sells her house, and her children try to void the sale solely because of her age — the court refuses unless they can show actual mental incapacity.
  • A 90-year-old man executes a new will leaving everything to his caregiver; the disinherited family must prove undue influence or mental incompetence, not just point to his age.
  • A 78-year-old donates a large sum to his church and his heirs challenge the gift — old age alone won't void it without evidence that his mind was actually impaired.

Legal domains

Cite this maxim

NeCede Max. 11.1.34 — Old age alone and of itself does not vitiate a gift, a will, or a transaction. — Wharton, III-321 (Sola ac per se senectus donationem, testamentum, aut transactionem non vitiat.)

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