The Origin of Legitim in English Law – a Reappraisal
The Origin of Legitim in English Law – a Reappraisal

Summary/Abstract: The ability of a testator to dispose of chattels by means of a will seems to have been restricted from an early time in England. This paper re-examines the possible origins of such a concept; it considers ideas from Roman law, Anglo-Saxon law, Canon law and Anglo-Norman law in an attempt to trace the genesis of the so-called legitim. It highlights the intrinsic problems that are faced when embarking on such a task, and concludes that legitim most likely has its roots in customary law, and is likely to pre-date the Norman Conquest.

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