A heres is a person who assumes the rights and obligations of a deceased individual, similar to an heir. In ancient Rome, if someone passed away without a will, their heres would be their lawful heir. If they had a will, the heres would be the individual designated in the will to receive their assets. There were various types of heredes, such as heres factus (appointed by will) and heres legitimus (entitled to inherit by law).
The Latin term “Heres” was used in Roman law to describe an individual who inherited the rights and liabilities of a deceased person, also known as an heir. The heres was responsible for both the debts and rights of the decedent, combining the roles of a modern executor and an heir at law. The heres was a crucial aspect of a testament, and if not included, the document was referred to as a codicillus. There were three types of heres: heres ex testamento, appointed by will; heres natus, an heir by birth or intestacy; and heres extraneus, an external heir not bound to accept the inheritance. These examples demonstrate how the term heres was used in Roman law to describe different types of heirs based on their inheritance of the deceased person’s estate.
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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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