8.1 Introduction

The importance of inheritance as a means by which property can be acquired is obvious. A Roman citizen might easily pass through life untouched by the rules, say, of usucapion or accessio, but he could not escape the operation of the law of inheritance (or at least his estate could not when he died).

But inheritance was not just a means of transferring property from the deceased to the beneficiaries. Indeed, there could be little or no property to be acquired, only debts and crippling obligations—the damnosa hereditas ('the ruinous inheritance'). The main purpose of the will was to appoint an heir to step into the shoes of the deceased and to succeed him for all legal purposes. This was known as the principle of universal succession (D.50.16.24). In appointing an heir, a Roman testator was particularly concerned (at least until the later Empire) with choosing a suitable person to carry out the family's religious duties—the sacra. The deceased's chosen representative was normally someone who was part of the family or very close to it. As heir, he or she was expected to carry out the deceased's wishes, to perform the sacra, pay off the debts, distribute the legacies, and generally to act as the deceased's successor in all things (D.46.2.24). And the heir was frequently the chief benefi­ciary as well as the administrator of the estate. For a good survey, see Johnston, D., 'Succession', in Cambridge Companion, 199-212.

8.2