Maxim 5.6.10
A brother shall not succeed a uterine brother in the paternal inheritance.
Frater fratri uterino non succedet in haereditate paterna.
Source: Fort. de Laud, by Amos, 15; Jackson
Difficulty 3/5 — Intermediate
Explanation
A half-brother related only through the mother cannot inherit lands that descend through the paternal line — the blood of the father is required for paternal inheritance.
Where this applies
- My half-brother from my mother's side wants to inherit our father's land — but they're not related through the father.
- Can a half-sibling related only through the mother inherit the father's property?
Legal domains
Cite this maxim
NeCede Max. 5.6.10 — A brother shall not succeed a uterine brother in the paternal inheritance. — Fort. de Laud, by Amos, 15; Jackson (Frater fratri uterino non succedet in haereditate paterna.)
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