Maxim 5.7.5
The will of a testator is ambulatory until the last moment of life — he may change it at any time.
Ambulatoria est voluntas defuncti usque ad vitae supremum exitum.
Source: Dig. 34.4.4; 4 Co. 61; 2 Bl. Comm. 502; Weisman, 103v
Difficulty 1/5 — Foundational
Explanation
No will is final until the testator breathes his last — until that moment, he retains absolute power to alter, amend, or revoke it entirely.
Where this applies
- My father keeps updating his will every year — is the latest version the only one that matters?
- Can my elderly mother still change her will even at her advanced age?
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 5.7.5 — The will of a testator is ambulatory until the last moment of life — he may change it at any time. — Dig. 34.4.4; 4 Co. 61; 2 Bl. Comm. 502; Weisman, 103v (Ambulatoria est voluntas defuncti usque ad vitae supremum exitum.)
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