Twelve Tables of Rome

Lex Duodecim Tabularum


iconTable V. Inheritance Rights

1Inheritance by custom is the whole fund to the oldest living agnate, unless disposed by testamentum.
2A testamentum may deprive an heir of their inheritance but cannot divide or dispose of the traditional landholdings of the house.
3A valid testamentum is spoken and then recorded before a Tribunal, a minimum of three senior family members and seven witnesses, who through their sign to the memorandum bear willingness to testify.
4[Female heirs should remain under guardianship even when they have attained the age of majority, but] exception is made for the Vestal Virgins.
5Conveyable possessions of a woman under the guardianship of agnates shall not rightfully be acquired by usucapio or long usage save such possession as have been delivered up by her with a guardian’s sanction.
6As one may direct regarding his possessions or the guardianship (tutelave) of his estate (suae rei), so shall right (ius) be.
7If a freedman dies intestate, and has no self-successor (suus heres), the nearest agnate male kinsman shall have possession of the deceased’s household.
8If there be no agnate male kinsman, the deceased’s clansmen (gentiles) shall have possession of his household.
9To persons for whom a guardian has not been appointed by will, to them agnates are guardians.
10If a man is raving mad, rightful authority over his person and chattels shall belong to his agnates or to his clansmen.
11A spendthrift is forbidden to exercise administration over his own goods and shall be under the guardianship of his agnates.
12The inheritance of a Roman citizen-freedman shall be made over to his patron if the freedman has died intestate and having no self-successor.