PRAECEPTIO HAEREDITATIS

praeceptio haereditatis (pri-sep-shee-oh h<<schwa>>-red-i-tay-tis). [Law Latin] Scots law. A taking of the inheritance in advance. — Also termed lucrative succession.

“Praeceptio haereditatis …. This is one of the passive titles known in law, which, if incurred by the heir, renders him in some measure liable for his ancestor’s debts. It was introduced to prevent an heir from receiving and enjoying, under a gratuitous disposition inter vivos from his ancestor, that heritable estate to which he would be entitled to succeed on the ancestor’s death, and of thus avoiding responsibility for his ancestor’s debts and other obligations.” John Trayner, Trayner’s Latin Maxims 466–67 (4th ed. 1894).

[Blacks Law 8th]