Will

What is a Will in Roman Law?

Quick Definition

A will in Roman law (testamentum) is a legally recognised declaration made by a person during their lifetime, setting out how their estate should be distributed after death. It allows the testator to appoint an heir (heres) and make specific gifts or bequests. For a will to be valid, strict formal requirements must be followed, reflecting the highly procedural nature of Roman private law.

In Context

Wills are central to Roman succession disputes, especially where multiple claimants argue over the validity of an estate’s distribution. A properly executed will overrides intestate succession rules, but even minor defects in form or witnessing could invalidate it entirely. Roman courts often had to interpret unclear wording to determine the testator’s true intention. In exam problems, issues typically arise around whether the appointed heir is validly designated or whether certain bequests can stand alongside the main inheritance.

See Also

• Inheritance (Hereditas)

• Heir (Heres)

• Bequest

Learn More

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