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NeCede's

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

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