Codicil
Codicils (codicilli)[1117] were informal documents used in correspondence, but since the will was the usual method by which a testator could effectively express his last wishes, the informal expression of a last will in codicilli had originally no legal value.
However, since the time of Augustus these codicilli acquired a certain legal effectiveness as a means of expressing a last will.[1118] However, not all permissible dispositions by will could be entered into a codicil. In this regard a distinction was drawn between two kinds of codicilli: the codicillus testamento confirmatus and the codicillus testamento non confirmatus. The former was a codicil that had been confirmed by a will either by means of an announcement in a will before the codicil was created or by granting recognition thereto in a subsequent will. In such a codicil any disposition that could be specified in a will, except for the institution of an heir and disinheritance, could be effected.[1119] The codicillus testamento non confirmatus, on the other hand, was a codicil that was not confirmed by a will. Originally, such a codicil could only create fideicommissa but was rendered valid even if the estate devolved according to the law of intestate succession.[1120] In the time of Justinian, when legacies and fideicommissa were placed on an equal footing, legacies could also be established by means of such a codicil.5.5
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