Types of succession

The law of the Twelve Tables recognized both intestate and testamentary succession. Testation prevailed over intestacy. However, the law of testa­mentary succession did sometimes limit the testator’s freedom of disposal by providing for succession against the person’s will.

Succession could be in accordance with civil law (civil succession), or in accordance with praetorian law (bonorum possessio or praetorian succession). Civil succession was determined by the Twelve Tables, statutes of the legislative assemblies, and juristic interpretations. Praetorian law, on the other hand, was basically made up of edicts in which the praetor introduced significant inno­vations in the interest of accommodating the law of succession to new contexts and circumstances. By granting, refusing, or adapting some remedies, the praetor mitigated the more severe principles of the civil law. Praetorian law generally promoted cognation against agnation, simplified legal formalities and constraints, and recognized the entitlement of the surviving spouse. More on each of these points below.