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Simple English definitions for legal terms
Falcidian law
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A quick definition of Falcidian law:
Falcidian law was a rule in ancient Rome that said when someone died, they could only give away three-fourths of their property in their will. The rest had to go to their heirs. If someone broke this rule, the heirs could take away some of the gifts to make it fair. This law was made in 40 B.C. by a man named Falcidius and it helped make sure that heirs got a fair share of their family's property.
A more thorough explanation:
Falcidian law is a law that was enacted in 40 B.C. in Roman law. It states that a person can only give away up to three-fourths of their property in legacies, and the heirs must receive at least one-fourth of the property.
If the testator violates this law, the heir has the right to deduct proportionally from each legatee as necessary. This law was proposed by the Roman tribune Falcidius and is also known as lex Falcidia.
For example, if a person has an estate worth $100,000 and they leave $80,000 in legacies, the heirs must receive at least $20,000 (one-fourth of the estate). If the legacies exceed $75,000, the legatees must be reduced proportionally.
The purpose of this law was to prevent a testator from giving away all their property in legacies, leaving nothing for the heirs. It ensured that the heirs received a fair share of the estate.