Legal Definitions - familiae emptor

Familiae emptor is a term from Roman law that means "estate purchaser." It refers to a trustee who receives an inheritance through a fictitious purchase and distributes it according to the wishes of the deceased. This practice was used when someone was unable to make a true will because there was no imminent sitting of the Comitia. The familiae emptor would be given instructions on how to distribute the property, but it is not clear if these instructions were enforceable. For example, if a wealthy Roman citizen was on his deathbed and wanted to leave his estate to his children, but there was no time to make a proper will, he could sell his estate to a trusted friend or family member who would act as the familiae emptor. The familiae emptor would then distribute the estate to the children as instructed by the deceased. Overall, familiae emptor was a way for Romans to ensure that their property was distributed according to their wishes, even if they were unable to make a proper will.