Heir (Heres)

What is Heir (Heres) in Roman Law?

Quick Definition

An heir (heres) in Roman law is the person who succeeds to the estate of a deceased individual. The heir does not simply receive property; they step into the legal position of the deceased, taking over both assets and liabilities. Appointment of an heir is a central requirement in a valid Roman will (testamentum).

In Context

The role of the heres is fundamental to Roman succession law because inheritance depends on the proper designation of an heir. If no valid heir is appointed in a will, the succession may fail entirely and pass under intestate rules instead. Roman law also allows multiple heirs to inherit shares of the same estate, creating situations of co-ownership until division occurs. In exam scenarios, disputes often arise over whether a person has been validly appointed as heir or whether another claimant has a stronger entitlement under intestate succession or forced heirship principles.

See Also

• Inheritance (Hereditas)

• Will (Testamentum)

• Succession

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