Maxim 5.7.27
A testament is the witnessing of one's intention, made under no present fear of danger, but in expectancy of death.
Testamentum, i.e., testatio mentis, facta nullo praesente metu periculi, sed cogitatione mortalitatis.
Source: Weisman, 103j
Difficulty 2/5 — Approachable
Explanation
A valid will must be made freely, without duress or imminent peril clouding judgment — it is a deliberate declaration of intent made in contemplation of mortality, not in the panic of danger.
Where this applies
- A soldier writes a will in a foxhole during heavy shelling, and the court questions its validity because a testament should be made in contemplation of mortality generally, not under the panic of imminent danger.
- A man signs a will while being held at gunpoint, and the court voids it because the document was made under present fear of danger, not by free deliberation.
- A woman drafts her will calmly at her kitchen table while in good health — this is a proper testament because it was made in thoughtful contemplation of death, not under duress.
Legal domains
Cite this maxim
NeCede Max. 5.7.27 — A testament is the witnessing of one's intention, made under no present fear of danger, but in expectancy of death. — Weisman, 103j (Testamentum, i.e., testatio mentis, facta nullo praesente metu periculi, sed cogitatione mortalitatis.)
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