Maxim 5.6.32
No one leaves a greater benefit to his heir than he had himself.
Source: Dig. 50, 17, 120; Weisman, 58n
Explanation
An heir receives no more than the ancestor possessed — the inheritance cannot exceed the estate of the decedent, and encumbrances pass with the property.
Where this applies
- An heir claims more rights in inherited land than the deceased actually owned.
- A beneficiary discovers the estate's property was subject to a debt the deceased owed.
Cite this maxim
NeCede Max. 5.6.32 — No one leaves a greater benefit to his heir than he had himself. — Dig. 50, 17, 120; Weisman, 58n
Found an error? Suggest a correction →