Roman Law and the Legal World of the Romans

15. Inheritance EEE

A ny society with private property needs rules to determine how to distribute a person’s things when he dies. In Rome, this need was particularly acute because inheri tance was more important than it is today as a means of acquir ing wealth. Business opportunities certainly existed, but they were relatively rare and risky. Fewer people “made” fortunes, and more were born into them. In principle, a Roman citizen was able to distribute his property to other Roman citizens after death in virtually any way he desired. This was done by leaving a document we call a “will” (and the Romans called a testamentum ). Over time, certain limitations arose, some of which were then weakened or even rescinded. The writer of a will named one or more heirs to the whole estate (in poten tially unequal shares), but also had the option of first giving specific items or amounts off the top as “legacies.” If someone failed to write a will, or if the will were judged invalid for failing to meet one of its many formal requirements, then the estate was distributed by a standardized set of rules. The gen eral principle at all times was to give equal shares to the clos est relatives, though the definition of “closest relative” shifted

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