Legal Definitions - de tabulis exhibendis

De tabulis exhibendis is a Latin term originating from Roman law. It literally translates to "of producing the tablets" and refers to a legal principle requiring the presentation and opening of a deceased person's will. The primary purpose of this action was to allow interested parties to examine the will and determine if they had any legal rights or entitlements under its provisions, such as an inheritance or a specific bequest.

Essentially, de tabulis exhibendis was a legal mechanism to compel the disclosure of a will to establish or verify claims made by potential beneficiaries or other parties with an interest in the estate.

• Example 1: Verifying an Inheritance Claim

  After a wealthy individual passes away, their estranged niece believes she was included as a beneficiary in the will, having reconciled with her aunt shortly before her death. However, the appointed executor, who stands to inherit a large portion of the estate, claims no such provision exists and refuses to present the will for review by the niece or her legal representative.

  In this scenario, the niece would need to invoke a legal principle similar to de tabulis exhibendis to compel the executor to produce the will. This action would allow her to verify if her belief is correct and establish her legal right to any inheritance mentioned in the document.

• Example 2: Confirming a Charitable Bequest

  A local historical society had received verbal assurances from a prominent art collector that his extensive collection of antique maps would be bequeathed to them upon his passing. After his death, his children, who are managing the estate, indicate that no such provision is found in the will they possess, and they plan to sell the collection. The historical society believes a specific clause or even a separate codicil (an amendment to a will) might exist.

  The historical society would need a legal process, analogous to de tabulis exhibendis, to demand that the full and complete will, along with any amendments, be presented. This would allow them to search for the specific bequest and establish their claim to the map collection.

• Example 3: Resolving a Dispute Over Multiple Wills

  An individual's grandmother passed away, and an initial will was presented by a distant cousin, naming the cousin as the primary beneficiary. However, the individual knows their grandmother had drafted a more recent will after the cousin's relationship with the grandmother soured, potentially naming the individual as the main heir. The cousin denies the existence of any later will.

  Here, the individual would require a legal mechanism, akin to de tabulis exhibendis, to compel the cousin to produce all relevant testamentary documents. The goal is to ensure that the most current and valid will is brought forward, allowing the individual to establish their rights as a beneficiary under that later document.