Introductory

As previously noted, the Roman jurists regarded the law of succession as a part of the law of property since succession was construed as a mode of acquisition of ownership per universitatem, i.e.

Although there is scant information on the origin of Roman succession, it undoubtedly developed at a relatively early stage of legal history and was closely connected with the institution of the family. Hereditas, the original form of succes­sion on death in Roman law, was considered the natural expression of the continuity and solidarity of the early patriarchal family and involved the identification of the heirs with the deceased for religious as well as economic purposes.^[1041] The Law of the Twelve Tables recognized both intestate and testamentary succession. The rules of intestate succession (succession ab intestato) determined who would be heir when the deceased had not himself indicated how his property should be distributed. The rules of testamentary succession (succession ex testamento), on the other hand, came into operation after a testator had indicated in a prescribed manner, usually by way of a will, the plans for disposal of his property upon his death. As Roman society evolved, testamentary succession acquired greater importance than intestate succession since the attitude prevailed that every prudent and right-thinking Roman should determine the devolution of their estate by means of a will.

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