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NeCede's

Maxim 5.6.5

He who would have been heir to the father shall also be heir of the son.

Qui doit inheriter al pere doit inheriter al fils.

Source: 2 Bl. Comm. 239, 250; Broom, Max. 517; Weisman, 58z Difficulty 3/5 — Intermediate

Explanation

Descent follows the blood, not the name — if a son dies intestate, the estate passes to the same line that would have inherited from his father. Cite this to establish the order of inheritance when an intermediate heir dies without issue, ensuring the property reverts to the ancestral bloodline rather than passing to strangers.

Where this applies

  • My cousin died young without children — should the inheritance go to the same people who would have inherited from his father?
  • My brother died — his share should pass down the same bloodline.

Legal domains

inheritance

See also

Cite this maxim

NeCede Max. 5.6.5 — He who would have been heir to the father shall also be heir of the son. — 2 Bl. Comm. 239, 250; Broom, Max. 517; Weisman, 58z (Qui doit inheriter al pere doit inheriter al fils.)

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