Legal Definitions - expilatio

Expilatio refers to a specific offense under Roman law involving the unlawful taking of property that belongs to an estate after someone has died, but before the rightful heirs have formally taken possession of those assets.

This act was considered distinct from ordinary theft because, at the moment of the taking, the property was in a transitional state of ownership. It was no longer legally owned by the deceased person, nor had it yet been formally claimed and possessed by the designated heirs. This legal limbo meant the act wasn't classified as theft from a living owner, but rather as an offense against the integrity of the succession process itself.

• Example 1: After an elderly aunt passes away, a distant nephew, who is not an heir, enters her vacant home before the will has been probated or any executor appointed. He takes several antique lamps and a valuable painting, believing they won't be missed.

  Explanation: This illustrates expilatio because the nephew unlawfully appropriated items from the aunt's estate during the period when the property was no longer hers, but not yet legally transferred to the rightful heirs. His actions interfered with the proper administration of the succession.

• Example 2: A live-in caretaker continues to reside in a wealthy client's mansion after the client's death. Before the family or estate lawyers can secure the property, the caretaker sells off some valuable silverware and a collection of rare books, pocketing the money.

  Explanation: Here, the caretaker commits expilatio by taking assets from the deceased client's estate during the critical period before the estate's assets are formally managed and distributed to the heirs. The property was in the process of succession, not yet under the legal control of the beneficiaries.

• Example 3: Following the sudden death of a reclusive neighbor, a person living next door notices the house is left unsecured. Knowing the neighbor had no immediate family, this individual enters and removes several pieces of electronic equipment and some jewelry, intending to keep them.

  Explanation: This scenario fits expilatio because the neighbor unlawfully took goods from the deceased's estate at a time when the property was in legal transition – no longer belonging to the deceased, but not yet formally claimed or possessed by any heir or estate administrator.