Maxim 5.7.1
Every will is completed by death.
Omne testamentum morte consummatum est.
Source: 3 Co. 29; Co. Litt. 232; 4 Inst. 279; Broom, Max. 555; Weisman, 103h
Difficulty 1/5 — Foundational
Explanation
A will has no legal force until the testator dies — before death, it is merely an expression of intention, revocable at any moment.
Where this applies
- My grandmother's will gives me her house — but she's still alive. Do I own it yet?
- My father keeps changing his will — when does it actually take effect?
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 5.7.1 — Every will is completed by death. — 3 Co. 29; Co. Litt. 232; 4 Inst. 279; Broom, Max. 555; Weisman, 103h (Omne testamentum morte consummatum est.)
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