Theses sequentes de testamentis

...it is perfected by the witnesses being requested, and the heir being openly named: which both ought to be accomplished in one continuous act.

8. Moreover, we understand those to be requested witnesses who, although requested for another reason, were yet admonished before the testament [was made] that they were being employed in the name of a testament.

9. In order for a testament to be valid, one must observe whether the person who made the testament had the capacity to make a testament (testamenti factio), and whether they made it according to the rules of Law.

10. Likewise, in the testator at the time he makes his testament, soundness of mind, not of body, is required.

11. From what age testaments may be made by males or females has been established by law, so that males may make them having completed their fourteenth year, and females indeed their twelfth.

12. The very capacity to make a testament is not a matter of private, but of public law.

13. A son under power (filiusfam.) does not have the right to make a testament, so much so that even if his father permits it, he nevertheless can by no means make a testament by law.

14. The testament of one who is among the enemy, which he made there, is not valid, even if he returns: but if he should die there, a testament made previously is confirmed by the Lex Cornelia.

15. Those captured by robbers or pirates can make a testament, as can those serving on an embassy among foreign peoples: but hostages cannot, unless it is permitted to them.

16. Those doubting or mistaken regarding their own status cannot make a testament.

17. He who has been interdicted from his property cannot make a testament: however, a testament that he had older than the interdiction remains valid.