Theses de testamentis

VII.
With his permission, however, he may give in contemplation of death: indeed, he will also be able to make a will regarding his castrense peculium property acquired during military service, or property similar to it, by the right of a head of a household.

VIII.
With these exceptions, the power of making a will is not easily taken from anyone, since it is a matter of public law: provided that the formalities prescribed by the laws are observed.

IX.
For although a prohibition made by a testator in a will is similar to a prohibition of the law: yet that ought not to oppose the laws: nor can a testator act so that the law does not have a place in his will.

X.
Wherefore, he cannot take away the legitima legal portion from children, the dower or hereditary quota from a wife assigned by municipal statute or by law (unless they were explicitly granted only as if he were intestate and not simply).

XI.
It follows, therefore, that he who decides to make a will in writing should procure his written will in complete letters, in which an heir is named, with seven witnesses called together, to be subscribed and sealed in a single act.

XII.
Where it must be known that the witnesses must be suitable: for if unsuitable witnesses are employed for this business, the will is rendered void: and the inheritance cannot be entered upon from it, even if only one is incompetent, unless a codicillaris codicil clause has been added.

XIII.
In a nuncupative oral will, however, it suffices that the testator, in the presence of seven invited witnesses, declares an heir and states his final will.

Whence