Extraordinary Wills

In addition to the standard forms of will described above, there existed a wide variety of extraordinary wills that were developed to serve special purposes.

In this context, reference should be made to the soldier's will (testamentum militare) that was exempt from all the formalities surrounding testamentary succession.^{^[1068]} It was recognized that a soldier, while on active duty, could give expression to his last will in whatever way he wished. All that was required was his intention to create a will.^{^[1069]}Even an invalid will composed by a person before he joined the army became valid while he was on active duty as long as he had clearly indicated that he wished it to be his will.^{^[1070]} Such a will remained valid for 1 year after the soldier’s discharge from military service, thereafter he was required to produce a standard will.^{^[1071]}

Other examples of extraordinary wills included the testamentum ruri conditum denoting a will made in a rural or sparsely populated area, for which five witnesses were sufficient; and the testamentum tempore pestis, a testament formed during an epidemic, in which case the testator and the witnesses were not bound to be present simultaneously. Later law also recognized the testamentum per nuncupationem, an oral declaration of the testator’s will made before seven witnesses; the testamentum apud acta conditum, a will composed in the presence of certain legal officials who would record and register it as an official document; the testamentum principi oblatum, a written will registered in the imperial chancellery; and the holographic will, which was written by the testator in his own hand and for which no witnesses were required.

5.3.4

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Source: Mousourakis G.. Fundamentals of Roman Private Law. Springer, 2012.— 366 p.. 2012

Extraordinary Wills

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