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NeCede's

Maxim 5.7.13

A legacy is confirmed by the death of the testator, in the same manner as a gift from a living person is confirmed by delivery alone.

Legatum morte testatoris tantum confirmatur, sicut donatio inter vivos traditione sola.

Source: Dyer 143; Bouvier, *Law Dictionary* (1856) Difficulty 2/5 — Approachable

Explanation

Death is to a legacy what delivery is to a gift inter vivos — until the testator dies, the legacy is merely a promise; at death, it becomes a vested right.

Where this applies

  • My grandmother left me money in her will — when does my right to it become real?
  • A legacy was promised in a will but the testator is still alive — do I have a claim?

Legal domains

inheritance

See also

Cite this maxim

NeCede Max. 5.7.13 — A legacy is confirmed by the death of the testator, in the same manner as a gift from a living person is confirmed by delivery alone. — Dyer 143; Bouvier, *Law Dictionary* (1856) (Legatum morte testatoris tantum confirmatur, sicut donatio inter vivos traditione sola.)

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