Chapter

An End to the Horror: Trusts on Intestacy

DAVID JOHNSTON

in The Roman Law of Trusts

Published in print December 1988 | ISBN: 9780198252160
Published online March 2012 | e-ISBN: 9780191681356 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252160.003.0005
An End to the Horror: Trusts on Intestacy

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In Roman law, legacies and wills were always encountered together since legacies could not be given without a will first being produced. In contrast to such arrangements, trusts could be issued without having to establish a will, and were thus perceived to be valid under situations of intestacy in testamentary succession. Some of the implications of such trusts entailed how intestate succession involved how the beneficiaries were determined by civil law's residual rules instead of being dictated by the deceased. Since intestate heirs succeed through lex or through the authority imposed by law instead of the wishes of the testator, intestate heirs were then referred to as legitimi. This chapter mainly explores how trusts bring about disruptions to the described conventional patterns. Also, it looks into how having no proof or will can sometimes be problematic, while also examining the principles on which, through intestacy, trusts could be charged on the heirs.

Keywords: Roman law; legacies; wills; trusts; testamentary succession; civil law; testator; intestate heirs; legitimi

Chapter.  15516 words. 

Subjects: History of Law

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