Legal Definitions - testamenti factio

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:

1. The capacity to take part in a will as a testator, heir, or witness.
2. The capacity to make a will, which is open to any citizen, male or female, sui juris (of legal age), and over puberty.
3. The capacity to receive property by will, which was not available to Junian Latini and peregrini.
4. 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.