Book of Bequests

(1) It is recommended for anyone who leaves a substantial fortune to set aside one-fifth of it in a bequest. No bequest is permitted to an heir in any amount, nor to a non-heir in excess of one-third, unless the heirs approve it after the testator’s death—at which point it becomes operative.

The bequest of a poor man whose heirs are themselves in need is disliked (2), whereas a person who has no heirs may bequeath the whole of his estate. If all the bequests together exceed the one-third, the legatees share that one-third in proportion to their stated portions.

If the testator bequeaths to someone who is an heir at the time but ceases to be an heir when the testator dies, the bequest is valid; and the reverse holds true as well.

Acceptance of the bequest may occur only after the testator’s death, and ownership is confirmed by that acceptance. Once accepted, the beneficiary may no longer repudiate it, although the testator remains free to revoke the bequest before his death (3). From the estate, obligatory dues—outstanding debts, vows, expiations, and the pilgrimage even if he did not stipulate for it—are satisfied first; only then is up to one-third of what remains applied to bequests.

Section
[Those for Whom a Bequest Is Valid]

A bequest is valid for anyone capable of owning property. It may also be made to one’s own slave for his person; if the slave accepts, he is emancipated. If the bequest grants the slave an undivided share—such as one-third of the estate—he is freed to that extent. Should any portion of him remain enslaved, he may redeem it at its assessed value, not for a token amount such as a hundred coins, a garment, or the like.

A bequest to an unborn child is valid provided his existence was verified before the bequest was made. No bequest is valid to an angel, nor to an animal.