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Simple English definitions for legal terms
testamenti factio
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A quick definition of testamenti factio:
Testamenti factio is a Latin term that refers to the right to make a will. It includes the ability to participate in a will as a testator, heir, or witness. Any citizen who is over puberty and has legal capacity can make a will. This term is sometimes called "active" testamenti factio. It also includes the ability to receive property by will, which was not available to Junian Latini and peregrini. This is known as "passive" testamenti factio. Women were not allowed to witness a will. In summary, testamenti factio is the legal right to make a will and participate in the process of distributing property after death.
A more thorough explanation:
Definition: Testamenti factio (tes-tə-men-ti-fak-shee-oh) is a Latin term that means "right to make a testament." In Roman law, it refers to:
- The capacity to take part in a will as a testator, heir, or witness.
- The capacity to make a will, which is open to any citizen, male or female, sui juris (of legal age), and over puberty.
- The capacity to receive property by will, which was not available to Junian Latini and peregrini.
- The capacity to witness a will, which was not available to women.
For example, in Roman law, only citizens had the testamenti factio, which was necessary for any participation in a will. Without it, no one could make a will, take a legacy, or even be a witness to the execution of a will. In contrast, in Scottish law, testamenti factio only refers to the power of making a will, and anyone can be a beneficiary under another's settlement.