The Roman and Civilian Origins of the Conditio Si Testator Sine Liberis Decesserit in Scots Law

This article examines and evaluates the Roman and Civilian origins of the Scottish rule of succession known as the conditio si testator sine liberis decesserit. The article focuses on the rule that is implied by law where the will itself is silent but, as the legally implied rule probably seeks to emulate the express provision of a testator, the article starts by setting out the position as regards express testamentary provision. The original Roman source of the rule is identified; thereafter the article examines and comments upon the lengthy period of development of the Scottish rule up to its final form at the start of the twentieth century. That latter point in time is when the Scottish rule had received much of its modern form. This article therefore forms a basis for the understanding of modern Scots law.