A penal action is not given against an heir, unless such heir is benefited by the wrong.

Explanation

(English-origin maxim.) An heir is not liable for the penal consequences of his ancestor's wrongs unless the heir has personally benefited from those wrongs — punishment does not pass by descent.

Where this applies

• A grandfather commits fraud and dies, and a creditor sues the grandson — the grandson is only liable if he personally received the stolen money or benefited from the fraud.
• An heir inherits property his deceased father obtained through embezzlement, and the court allows a penal action against the heir because he directly benefited from the wrongdoing.
• A son inherits nothing from his father's crime and so cannot be sued for the father's penalty — punishment does not descend by blood alone.