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Succession

What is Succession in Roman Law?

Quick Definition

Succession in Roman law is the process by which a deceased person’s rights, duties, and property are transferred to another person, usually an heir (heres). It covers both testamentary succession (through a will) and intestate succession (where no valid will exists). The heir effectively steps into the legal position of the deceased.

In Context

Succession is a core area of Roman private law because it determines who takes control of an estate after death and on what basis. Testamentary succession depends on a valid will, while intestate succession follows strict legal rules prioritising close family members. In exam scenarios, succession problems often involve disputes over the validity of wills, competing heirs, or whether a claimant is entitled under intestacy rules. Roman law places strong emphasis on formal requirements, meaning even small errors in a will can shift the entire succession outcome.

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

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