Maxim 5.6.3
No one is heir to the living.
Nemo est haeres viventis.
Source: Co. Litt. 8a, 22b; 2 Bl. Comm. 70; 2 Bouv. Inst. n. 1694; Weisman, 58ll
Difficulty 1/5 — Foundational
Explanation
A man has no heir while he lives — inheritance opens only at death, and no expectation of inheritance creates a present right.
Where this applies
- My wealthy uncle keeps telling me I'm his heir — do I have any legal rights to his estate while he's alive?
- Can I sell my expected inheritance before my parent dies?
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 5.6.3 — No one is heir to the living. — Co. Litt. 8a, 22b; 2 Bl. Comm. 70; 2 Bouv. Inst. n. 1694; Weisman, 58ll (Nemo est haeres viventis.)
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