Inheritance

What is Inheritance in Roman Law?

Quick Definition

Inheritance in Roman law refers to the transfer of a deceased person’s estate, including both rights and obligations, to their heir (heres). It can occur through a valid will (testamentary succession) or under the rules of law when no will exists (intestate succession). The heir steps into the legal position of the deceased, not just receiving assets but also assuming liabilities.

In Context

Inheritance is a core topic in Roman succession law, especially where questions arise about who is legally entitled to the estate after death. A validly appointed heir inherits the estate as a whole, whereas intestate succession follows a strict hierarchy of family members. Roman law also imposes formal requirements for wills, meaning defects can trigger intestacy instead. In exam scenarios, disputes often focus on competing heirs, validity of wills, or whether certain beneficiaries have been properly included or excluded.

See Also

• Testament (Will)

• Heir (Heres)

• Estate Planning

Learn More

Explore our Roman Law Notes for deeper case law, examples, and revision tips.