querela inofficiosi testamenti

querela inofficiosi testamenti (kw[schwa]-ree-l[schwa] in-[schwa]-fish-ee-oh-sI tes-t[schwa]-men-tI). [Latin “complaint of an undutiful will”] Roman law. An action allowing a descendant, ascendant, or sibling who was unjustly disinherited or passed over by a parent’s will to have the will set aside as undutifully made.

“By far the most important is due to the querela inofficiosi testamenti. By this procedure, though the forms had been complied with, near relatives with obvious claims (the classes of those entitled having been gradually widened) might attack the will as contrary to natural duty (inofficiosum) and get it set aside.” W.W. Buckland, A Manual of Roman Private Law 199 (2d ed. 1953).


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