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NeCede's

Maxim 5.7.10

A testament is the legal declaration of a man's intentions which he wills to be performed after his death.

Testamentum est voluntatis nostrae justa sententia de eo quod quis post mortem suam fieri velit.

Source: 2 Bl. Comm. 499; Inst. 2.10.1; Weisman, 103o Difficulty 2/5 — Approachable

Explanation

The will is not a contract or a present conveyance — it is a declaration of future intent, taking effect only upon the testator's death.

Where this applies

  • Is a will a contract between the testator and the beneficiaries?
  • My brother says the will is like a promise that should be enforced now — but dad is still alive.

Legal domains

inheritance

See also

Cite this maxim

NeCede Max. 5.7.10 — A testament is the legal declaration of a man's intentions which he wills to be performed after his death. — 2 Bl. Comm. 499; Inst. 2.10.1; Weisman, 103o (Testamentum est voluntatis nostrae justa sententia de eo quod quis post mortem suam fieri velit.)

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