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NeCede's

Maxim 5.7.12

Give your things while they are yours; after death they are not yours.

Da tua dum tua sunt; post mortem tunc tua non sunt.

Source: 3 Bulst. 18; Weisman, 103f Difficulty 1/5 — Foundational

Explanation

A man who would dispose of his property does well to act in life — after death, the will speaks, but the testator no longer commands.

Where this applies

  • I want to leave my property to my children — should I do it now through a gift or wait until death via a will?
  • My father is elderly and wondering whether to transfer assets now or through his estate.

Legal domains

See also

Cite this maxim

NeCede Max. 5.7.12 — Give your things while they are yours; after death they are not yours. — 3 Bulst. 18; Weisman, 103f (Da tua dum tua sunt; post mortem tunc tua non sunt.)

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