Legal Definitions - rogatio testium

Definition: Rogatio testium refers to the production of a witness who can testify to the making of a nuncupative will. The witness must confirm that the testator declared or expressed that the words spoken were a will.

Example: If someone makes an oral will on their deathbed, a witness who heard the declaration and can confirm that the words spoken were intended to be a will would be necessary for the will to be considered valid.

Explanation: Rogatio testium is a legal term used in the context of nuncupative wills, which are oral wills made in contemplation of imminent death. In order for a nuncupative will to be considered valid, a witness who heard the declaration must confirm that the words spoken were intended to be a will. This is important because nuncupative wills are generally not recognized in most states, and even in states where they are recognized, the amount that may be conveyed is usually limited by statute.