Legal Definitions - heredis institutio

Heredis institutio is a Latin term from ancient Roman law that refers to the formal and essential act of designating an heir in a will. In the Roman legal system, a will was considered invalid unless it contained a clear and proper appointment of an heir. This appointment was not merely a suggestion but a fundamental legal requirement for the will to have effect. The designated heir would then legally succeed to the deceased's entire estate, including both assets and liabilities.

• Example 1: A Direct Appointment

  Imagine a Roman citizen named Aulus drafting his will. In a prominent section, he writes, "I appoint my son, Brutus, as my sole heir." This explicit declaration is the heredis institutio. Under Roman law, without this specific statement formally designating Brutus as the heir, Aulus's entire will would have been legally void, regardless of any other instructions or gifts he might have included.

• Example 2: An Appointment with Conditions

  Consider a wealthy Roman matron, Livia, who wishes to ensure her nephew, Marcus, is responsible. In her will, she states, "I appoint my nephew, Marcus, as my heir, provided he successfully completes his military service and marries within five years of my death." Here, the heredis institutio is the appointment of Marcus as heir. The conditions attached demonstrate that even with specific stipulations, the formal designation of who will inherit the estate is the critical element that validates the will itself.

• Example 3: Appointment of Multiple Heirs

  Suppose a Roman senator, Quintus, wants to divide his estate among his children. In his will, he declares, "I appoint my daughter, Valeria, and my son, Gaius, as my co-heirs, each to receive an equal share of my property." This example illustrates that heredis institutio could involve appointing more than one heir. The crucial point is the clear and formal declaration of who will legally succeed to the estate, establishing the validity of the will and the framework for inheritance.