255:
521:, if the will gave them less than one quarter of what they would have gotten in the event of intestacy and there was no reason why they had been excluded. The heirs would have to demonstrate that they had always behaved in a dutiful manner towards the deceased. If they won the case, they got the full share that they would have received in case of intestacy. This was based on the legal fiction that the testator could not have been of
122:(excluded because she was assumed to form part of her father's inheritance, not her husband's). If any of these people had already received a portion of the estate during the lifetime of the deceased (e.g. as a dowry), that amount would be subtracted from their share of the estate. Mothers of at least three children were given a right to inherit from their children by the
102:- all children, male and female, received an equal share of the estate. If there were no children, then agnate relatives in the male line would inherit (i.e. other children of the deceased's father, paternal grandfather, and so on). If there were none of these, then the Twelve Tables provided for the property to be inherited by the wider
242:) and five other witnesses . Initially, the will was made orally, but written wills became common early. By the Late Republic, the actual ceremony was no longer carried out, although the term was still being used in the second century AD. From the second century BC, all that was required was a written will sealed by seven witnesses (
553:("trust") was an alternative method for leaving legacies instead of the will. It could consist of a specific object or property or of the whole estate. Originally, it was a gift of some property to an individual who was requested to use it for a specific purpose, but was not legally bound to do so. Under Augustus, some
340:
Under the civil law, there was an assumption that all children of the deceased were heirs unless the testator specifically disinherited them (by name for male children, by general statement for female children). Under the praetor's law, this rule was extended to emancipated sons. Sometimes a testator
625:
describes a father who made his son the trustee of his estate, with the ultimate beneficiaries being the son's own heirs, and a stipulation banning the son from selling or mortgaging the land. This seems to have been rare in practice. Justinian banned any such arrangement which lasted more than four
137:
abolished this system in two rulings delivered in AD 543 and 548, in favour of a system where property of the deceased went to the descendants in first instance, then to ascendants and siblings, and then to more distant relatives, with no distinction between the male and female line and no right to
121:
This system was altered by the law of the praetor, so that all children, including emancipated children, inherited in first instance, then agnate relatives in the male line, then relatives in the male or female line based according to six degrees of proximity, and finally the widow of the deceased
525:
when that part of the will was written. The claim only voided the specific section of the will dealing with the claimant, not the whole will. The law mostly did not specify what were valid reasons for disinheriting someone. Thus, it was generally determined by the social expectations of the jury.
439:
The testator could leave legacies to third parties, which the heir was obliged to pay from the estate. Legacies could provide a method for leaving property to people who could not legally be heir, but foreigners, communities, and uncertain persons could not be legatees either. Unlike the heir,
489:
of 40 BC, legacies could not take up more than three-quarters of the total estate (i.e. the heirs had to receive at least a quarter). If the legacies were more than this amount, then they would be reduced in order to ensure that the heirs received a quarter of the total value of the estate.
613:
could be given to the trustee to hold for their lifetime and then pass to a third party at death. For example, the property might be entrusted to the widow, who could use it for the rest of her life, and then would be required to pass it to the main heirs of the estate on her death.
473:
of a property was often granted to the widow of the deceased. Legacies were often used to leave money to towns or associations for specific purposes (e.g., holding games in honour of the deceased, constructing public buildings, providing heating for the
112:
declined after the Early
Republican period, this ceased to occur. There was no concept that an intestate property might pass to the state. Children of the deceased who had been emancipated before the deceased's death or who had passed into the
284:). The seals of the witnesses were placed over the cord, so that it was impossible to open the tablet and view the inner copy without breaking the seals. This design was intended as a guarantee against tampering. This form was mandated by the
48:, i.e. case law), which was often more flexible. The resulting system was extremely complicated and was one of the central concerns of the whole legal system. Discussion of the laws of inheritance take up eleven of the fifty books in the
601:
did not; they were much more flexible. Thus, when wills proved to be invalid, jurists and judges would often try to fulfill the terms of the invalid will under the legal fiction that the testator had intended to create a
117:
of another (through certain kinds of marriage or through adoption by another) were excluded from the succession, as were relatives in the female line (i.e. relatives of the deceased's mother), and the deceased's spouse.
355:), according to which, if an heir began making an inventory of the estate within thirty days of learning that they were the named heir, then they would only be liable for debts from items contained in the inventory.
954:
could avoid the role of heir if they had not been involved in the estate before the testator's death and slave-heirs could not be forced to pay the estate's debts from their own property, only from the inherited
426:
of 2 BC placed an absolute maximum limit of one hundred manumissions and lower limits for estates which had smaller numbers of slaves. The motivation for this may have been a desire to limit the number of
192:
could not make wills under Roman law. Exiles were not allowed to make wills either and this ban was retrospective; being sent into exile voided any will that the exile had already made.
329:("total inheritance"), the heir inherited all rights and obligations of the deceased, including all their debts. Thus, becoming heir to a heavily indebted estate could lead to
597:
still functioned, as long as the trustee benefitted from the estate - even in the case of intestacy. Fourthly, whereas wills had to use specific phrases in order to be valid,
448:("by obligation"), where the heir was required to make a regular payment to the legatee from the property. A legacy was only valid if the phrase "to whom I give and legate" (
65:, but wills had to strictly follow correct formulae and phrases in order to be valid. The will had to name an heir. In addition to this, it could name a legal guardian (
86:
occurred when someone died without any will or when they died with a will that was subsequently found to be invalid. The civil law on intestacy was laid down in the
341:
would disinherit their children in order to avoid them becoming liable for any debts and then require the named heir to pass the property to the children through a
1593:
1545:
1519:
1496:
1464:
1441:
1385:
1333:
1310:
1287:
1235:
1212:
348:
The will could also name substitute heirs, who would take over the role of the heir if the initial heir died before the testator or refused to accept the will.
579:
differed from legacies in several ways. Firstly, the trustee could be anyone who received something from the estate, not just the heir. Secondly, the
238:, "buyer of the household") who would then convey it to the chosen heirs on his death. The act of conveyance had to be witnessed by a scale-bearer (
333:. Most people were granted a hundred days to consider whether to accept the role of heir. But children who had not been emancipated before death (
431:
and/or to prevent the testator from bankrupting the estate. Somewhere between 5% and 8% of all Roman manumissions were testamentary manumissions.
61:
and treated male and female children equally. However, in most cases intestacy was avoided by means of a will. Roman law recognised very broad
1416:
408:
of AD 9, unmarried adults could not inherit or receive legacies and married adults without children could only receive half the inheritance.
374:("contrary to the will"). These two systems were very complicated, leading to efforts to simplify them and, eventually, they were merged.
325:
If there was no valid heir then the whole will would fail, including legacies left to people other than the heir. Under the principle of
1616:
1611:
386:. It was impossible under Roman law to make a community, state, trust, or company the heir. The heir could not be any "unknown person" (
533:
Even when a disinheritance was totally legal, there was strong social pressure against disinheriting children and direct descendants.
1569:
1360:
469:
might be granted to servants of the deceased, to be paid on a certain day each year for the rest of the servant's life. A lifetime
170:
could make a will for property that they possessed in their own right. Women could make wills through a process of fictional sale (
189:
211:("summoned assembly") which was held twice a year. Soldiers could also make a will before they went into battle, called an
366:("order for possession of the estate"), where the heir was determined by the ruling of a magistrate. This ruling might be
593:
for unmarried and childless individuals. Thirdly, whereas legacies failed if there was no heir or the will was invalid,
276:
and a copy of the will was written on two of the tablets. The tablets were tied together, so that one copy was visible (
1527:
1449:
Rüfner, T. (2011). "Testamentary formalities in Roman law". In Reid, K. G. C.; de Waal, M. J.; Zimmermann, R. (eds.).
166:(male head of household) could make a will that disposed of a whole estate. But any Roman citizen who had reached the
306:). These could be designated using the phrases "Be thou, so-and-so my heir" or "I order that so-and-so be my heir" (
254:
622:
585:
286:
69:) for underage children, manumit slaves, and leave legacies to third parties. Over time a separate system of
583:
could benefit someone who was not a valid heir. This loophole was closed over time. For example, the
510:
337:) and slaves who were simultaneously freed and appointed heir in the will could not refuse the role.
62:
621:
could also be used by the testator to bind people to use the property in certain ways. For example,
1553:
1587:
1575:
1539:
1513:
1490:
1458:
1435:
1379:
1327:
1304:
1281:
1260:
1229:
1206:
147:
49:
1565:
1412:
1356:
518:
479:
422:
405:
1404:
1352:
1348:
1252:
314:). Any other phrase, like "I wish that so-and-so be my heir" or "I make so-and-so my heir" (
126:. Legitimate and illegitimate children were made the presumed heirs of their mothers by the
37:
635:
167:
1342:
75:("trusts"), which allowed greater flexibility, developed alongside the system of wills.
544:
383:
342:
163:
1605:
1557:
1264:
416:
Originally, the testator was able to manumit any number of slaves in the will. Under
227:
216:
99:
94:("his own heirs"), who were any children of the deceased that had remained under his
71:
58:
33:
1579:
486:
207:
The earliest forms of Roman will were made at an assembly of the people called the
195:
The will had to name an heir. In addition to this, it could name a legal guardian (
26:
that governed the inheritance of property. This law was governed by the civil law (
1297:
Fideicommissorum persecutio: contributo allo studio delle cognizioni straordinarie
1408:
513:. In the Late Republic, children could file a "complaint of the undutiful will" (
159:
1394:
1256:
522:
475:
330:
258:
199:) for underage children, manumit slaves, and leave legacies to third parties.
146:
Most Roman inheritances were not intestate. Instead, they were governed by a
28:
1562:
Exploring the Law of
Succession: Studies National, Historical and Comparative
444:("by claim"), where the legatee became owner of the property in question, or
215:("with togas girded up"). Both of these methods had ceased to be used by the
640:
527:
466:
401:
184:
162:
in 1861 characterised the Roman approach as a "horror of intestacy." Only a
134:
83:
23:
1398:
562:
470:
461:
428:
417:
226:("the will made by bronze and scales"). This form of will rested on the
175:
41:
1347:. Oxford, United Kingdom: Oxford University Press. pp. 498–510.
558:
362:("claim of heirdom"). The praetor's law provided an alternative, the
1320:
Le manomissioni mortis causa: studi sulle fonti autoritative romane
1199:
Final
Judgments: duty and emotion in Roman wills, 200 B.C.–A.D. 250
456:
440:
legatees were not liable for the estates debts. Legacies could be
262:
253:
57:
In the case of intestacy, Roman inheritance law had no concept of
390:), e.g. a child who had not been born when the will was written.
351:
Justinian introduced a rule called "the privilege of inventory" (
54:. 60-70% of all Roman litigation was concerned with inheritance.
1341:
Jakab, Eva (2016). "Inheritance". In du
Plessis, Paul J. (ed.).
178:, when they were given the ability to make a will through their
104:
1483:
The Roman Law of
Succession in the Letters of Pliny the Younger
98:("paternal power") until his death. There was no assumption of
1101:
1099:
273:
268:
Wills usually took the form of three wooden writing tablets (
1560:. In Reid, K. G. C.; de Waal, M. J.; Zimmermann, R. (eds.).
358:
Under the civil law, the heir claimed the estate through a
154:). Some Roman writers speak of producing a will as a duty (
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1173:
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868:
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862:
849:
847:
845:
843:
841:
839:
837:
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of AD 61, but it was probably the usual form before that.
731:
729:
727:
725:
723:
679:
677:
664:
662:
660:
658:
656:
530:
as reasons and
Justinian provided a full list in AD 542.
526:
Fourth-century laws mention "immorality" and becoming a
1451:
Comparative succession law, I: Testamentary formalities
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1116:
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704:
1474:Patriarchy, Property and Death in the Roman Family
298:To be valid, a will had to name an heir or heirs (
1532:The Law of Succession in the Later Roman Republic
1245:Proceedings of the Cambridge Philological Society
40:, which tended to be very strict, and law of the
1403:. Cambridge University Press. pp. 199–212.
1243:Crook, J. (1973). "Intestacy in Roman Society".
569:who were specifically responsible for enforcing
557:became legally binding, being enforced by the
950:, p. 504. Under the law of the praetor,
493:Justinian merged legacies into the system of
8:
1344:The Oxford handbook of Roman law and society
964:
1592:: CS1 maint: location missing publisher (
1544:: CS1 maint: location missing publisher (
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230:that the testator was formally conveying (
1476:. Cambridge: Cambridge University Press.
1179:
1162:
1143:
1105:
1090:
1041:
1020:
1008:
943:
916:
876:
853:
747:
735:
683:
668:
272:). One surface of each was covered with
1272:Frier, B. W.; McGinn, T. A. J. (2004).
652:
1585:
1537:
1511:
1488:
1456:
1433:
1377:
1325:
1302:
1279:
1227:
1204:
1353:10.1093/oxfordhb/9780198728689.013.38
1222:Law and life of Rome: 90 B.C.–A.D.212
1122:
1078:
1066:
979:
947:
931:
897:
828:
803:
791:
774:
759:
714:
695:
138:succession on the part of the widow.
7:
1400:The Cambridge Companion to Roman Law
261:with part of a Roman will, found in
370:("in accordance with the will") or
1558:"Compulsory Heirship in Roman Law"
573:(later they were reduced to one).
14:
402:Lex Julia de maritandis ordinibus
108:, but as the social role of the
1295:Giodice Sabbatelli, V. (2001).
465:), furniture, wine, and so on.
397:) could not be named as heirs.
20:Inheritance law in ancient Rome
1274:A casebook on Roman family law
515:querela inofficiosi testamenti
182:(legal guardian). Non-Romans (
124:senatus consultum Tertullianum
1:
1564:. Edinburgh. pp. 27–48.
234:) his property to a trustee (
224:testamentum per aes et libram
1409:10.1017/CCO9781139034401.015
1397:. In Johnston, David (ed.).
586:Senatus consultum Pegasianum
287:senatus consultum Neronianum
128:senatus consultum Orfitianum
36:and the laws passed by the
1633:
1617:Inheritance law by country
1612:Family law in ancient Rome
1430:. Cologne, Weimar, Vienna.
623:Quintus Cervidius Scaevola
567:praetores fideicommissarii
542:
222:They were replaced by the
203:Early methods of testament
1506:Diritto ereditario romano
1426:Müller-Ehlen, M. (1998).
1257:10.1017/S006867350000359X
509:, testators had complete
459:, money given to slaves (
382:Heirs had to be specific
312:Titium heredem esse iubeo
280:) and the other was not (
190:intellectual disabilities
90:. Property went first to
1481:Tellegen, J. W. (1982).
1453:. Oxford. pp. 1–26.
1393:Johnston, David (2015).
1318:Impallomeni, G. (1963).
316:Titium heredem esse volo
1372:The Roman Law of Trusts
455:Legacies could include
322:), would not be valid.
142:Testamentary succession
1504:Voci, P. (1963–1967).
265:
174:), until the reign of
1370:Johnston, D. (1988).
1220:Crook, J. A. (1967).
1197:Champlin, E. (1991).
353:beneficium inventarii
327:universalis successio
257:
511:freedom of testation
501:Challenging the will
320:Titium heredem facio
63:freedom of testation
1580:10.3366/j.ctt1r2553
1472:Saller, R. (1994).
1428:Hereditatis petitio
1108:, pp. 209–210.
1093:, pp. 208–209.
1023:, pp. 204–205.
750:, pp. 200–201.
589:of AD 73 prevented
360:hereditatis petitio
133:In Late Antiquity,
16:Roman Legal Concept
1081:, p. 503-504.
282:scriptura interior
278:scriptura exterior
266:
188:) and people with
1418:978-0-521-89564-4
965:Müller-Ehlen 1998
519:centumviral court
497:discussed below.
442:per vindicationem
423:Lex Fufia Caninia
406:Lex Papia Poppaea
404:of 18 BC and the
364:bonorum possessio
308:Titius heres esto
294:Designating heirs
1624:
1597:
1591:
1583:
1549:
1543:
1535:
1523:
1517:
1509:
1500:
1494:
1486:
1477:
1468:
1462:
1454:
1445:
1439:
1431:
1422:
1389:
1383:
1375:
1366:
1337:
1331:
1323:
1314:
1308:
1300:
1291:
1285:
1277:
1268:
1239:
1233:
1225:
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1210:
1202:
1183:
1177:
1166:
1160:
1147:
1141:
1126:
1120:
1109:
1103:
1094:
1088:
1082:
1076:
1070:
1064:
1045:
1039:
1024:
1018:
1012:
1006:
983:
977:
968:
962:
956:
946:, pp. 203;
941:
935:
929:
920:
914:
901:
895:
880:
874:
857:
851:
832:
826:
807:
801:
795:
789:
778:
772:
763:
762:, p. 505-6.
757:
751:
745:
739:
733:
718:
712:
699:
693:
687:
681:
672:
666:
368:secundum tabulas
38:Roman assemblies
1632:
1631:
1627:
1626:
1625:
1623:
1622:
1621:
1602:
1601:
1600:
1584:
1572:
1552:
1536:
1526:
1510:
1503:
1487:
1480:
1471:
1455:
1448:
1432:
1425:
1419:
1392:
1376:
1369:
1363:
1340:
1324:
1317:
1301:
1294:
1278:
1271:
1242:
1226:
1219:
1203:
1196:
1192:
1187:
1186:
1182:, pp. 208.
1178:
1169:
1165:, pp. 207.
1161:
1150:
1146:, pp. 209.
1142:
1129:
1121:
1112:
1104:
1097:
1089:
1085:
1077:
1073:
1065:
1048:
1044:, pp. 205.
1040:
1027:
1019:
1015:
1011:, pp. 206.
1007:
986:
978:
971:
963:
959:
942:
938:
930:
923:
919:, pp. 203.
915:
904:
896:
883:
879:, pp. 204.
875:
860:
856:, pp. 202.
852:
835:
827:
810:
802:
798:
790:
781:
773:
766:
758:
754:
746:
742:
738:, pp. 201.
734:
721:
713:
702:
694:
690:
686:, pp. 199.
682:
675:
671:, pp. 200.
667:
654:
649:
636:Inheritance law
632:
547:
541:
503:
478:or oil for the
446:per damnationem
437:
414:
388:incerta persona
384:natural persons
380:
296:
252:
236:familiae emptor
205:
168:age of majority
144:
96:patria potestas
81:
17:
12:
11:
5:
1630:
1628:
1620:
1619:
1614:
1604:
1603:
1599:
1598:
1570:
1554:Zimmermann, R.
1550:
1524:
1501:
1478:
1469:
1446:
1423:
1417:
1390:
1367:
1361:
1338:
1315:
1292:
1269:
1240:
1217:
1193:
1191:
1188:
1185:
1184:
1167:
1148:
1127:
1125:, p. 508.
1110:
1095:
1083:
1071:
1069:, p. 504.
1046:
1025:
1013:
984:
982:, p. 503.
969:
957:
936:
934:, p. 507.
921:
902:
900:, p. 501.
881:
858:
833:
831:, p. 502.
808:
806:, p. 499.
796:
794:, p. 500.
779:
777:, p. 506.
764:
752:
740:
719:
717:, p. 505.
700:
698:, p. 498.
688:
673:
651:
650:
648:
645:
644:
643:
638:
631:
628:
619:fideicommissum
611:fideicommissum
604:fideicommissum
581:fideicommissum
551:fideicommissum
545:Fideicommissum
543:Main article:
540:
538:Fideicommissum
535:
502:
499:
436:
433:
413:
410:
379:
376:
372:contra tabulas
343:fideicommissum
295:
292:
251:
248:
209:comitia calata
204:
201:
164:pater familias
143:
140:
80:
77:
46:ius honorarium
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1195:
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1189:
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1180:Johnston 2015
1176:
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1168:
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1163:Johnston 2015
1159:
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1149:
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1140:
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1102:
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1087:
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1038:
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1017:
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1005:
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850:
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626:generations.
624:
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596:
595:fideicommissa
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591:fideicommissa
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582:
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577:Fideicommissa
574:
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517:) before the
516:
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507:Twelve Tables
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100:primogeniture
97:
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88:Twelve Tables
85:
78:
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74:
73:
72:fideicommissa
68:
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60:
59:primogeniture
55:
53:
52:
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43:
39:
35:
34:Twelve Tables
31:
30:
25:
21:
1561:
1531:
1505:
1482:
1473:
1450:
1427:
1399:
1395:"Succession"
1371:
1343:
1319:
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1273:
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1221:
1201:. Princeton.
1198:
1190:Bibliography
1086:
1074:
1016:
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939:
799:
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743:
691:
618:
616:
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584:
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566:
565:created two
554:
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487:Lex Falcidia
484:
460:
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412:Manumissions
399:
394:
393:Foreigners (
392:
387:
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213:in procinctu
212:
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50:
45:
27:
19:
18:
1508:. Florence.
952:sui heredes
450:cui do lego
335:sui heredes
160:Henry Maine
152:testamentum
92:sui heredes
1606:Categories
1528:Watson, A.
1485:. Zutphen.
1123:Jakab 2016
1079:Jakab 2016
1067:Jakab 2016
980:Jakab 2016
948:Jakab 2016
932:Jakab 2016
898:Jakab 2016
829:Jakab 2016
804:Jakab 2016
792:Jakab 2016
775:Jakab 2016
760:Jakab 2016
715:Jakab 2016
696:Jakab 2016
647:References
523:sound mind
505:Under the
485:Under the
400:Under the
331:bankruptcy
259:Wax tablet
244:signatores
232:mancipatio
29:ius civile
1588:cite book
1540:cite book
1534:. Oxford.
1514:cite book
1491:cite book
1459:cite book
1436:cite book
1380:cite book
1374:. Oxford.
1328:cite book
1305:cite book
1282:cite book
1276:. Oxford.
1265:159482221
1251:: 38–44.
1230:cite book
1224:. Ithaca.
1207:cite book
955:property.
641:Roman law
528:gladiator
480:gymnasium
476:bathhouse
467:Annuities
395:peregrini
240:libripens
185:peregrini
135:Justinian
84:Intestacy
79:Intestacy
32:) of the
24:Roman law
1556:(2007).
1530:(1971).
1322:. Padua.
630:See also
563:Claudius
471:usufruct
462:peculium
435:Legacies
429:freedmen
418:Augustus
172:coemptio
156:officium
115:potestas
22:was the
1299:. Bari.
559:consuls
457:dowries
304:heredes
270:tabulae
176:Hadrian
42:praetor
1578:
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1415:
1359:
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420:, the
51:Digest
1576:JSTOR
1261:S2CID
300:heres
263:Wales
197:tutor
180:tutor
67:tutor
1594:link
1566:ISBN
1546:link
1520:link
1497:link
1465:link
1442:link
1413:ISBN
1386:link
1357:ISBN
1334:link
1311:link
1288:link
1236:link
1213:link
617:The
609:The
549:The
148:will
110:gens
105:gens
1405:doi
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452:).
318:or
310:or
302:or
274:wax
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