Roman Law and the Legal World of the Romans

Inheritance

Initially, the fideicommissum was an act of faith. The heir(s) had no legal obligation to carry out its instructions. That changed around the turn of the millennium under the emperor Augustus, who gave certain magistrates the authority to enforce these provisions. After this big change, a series of decrees over the first and second centuries trimmed the power of the fideicommissum back a little. In particular, the use of the device to leave property to people not otherwise entitled to receive it was eliminated. Note, however, that this still left the possibility of using the fideicommissum to extend control over time or for a partial/informal will. Another use was to establish income-producing funds for some ongoing purpose [18, 20] . In particular, they might be used for remembrances of the deceased and/or for upkeep of her tomb or for charity (which might indirectly contribute to remembrance).

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