Legal Definitions - Falcidian portion

Falcidian portion

The Falcidian portion is a legal principle originating in Roman law, which ensures that primary heirs designated in a will receive a guaranteed minimum share of an estate. Specifically, it dictates that a testator (the person making a will) cannot distribute more than three-fourths (75%) of their estate through specific gifts or legacies to individuals or entities other than their main heirs. This means that at least one-fourth (25%) of the estate's value must be preserved for the heirs who are intended to inherit the bulk of the property. The purpose of the Falcidian portion is to prevent a testator from effectively disinheriting their primary heirs by making too many or overly valuable specific bequests to others, thereby safeguarding the heirs' right to a substantial inheritance.

• Example 1: Protecting a Child's Inheritance

  Imagine a wealthy individual, Mr. Henderson, who has one adult child, Sarah, whom he names as his primary heir. In his will, Mr. Henderson also makes numerous specific bequests: a valuable art collection to a museum, a large sum of money to his alma mater, and several expensive pieces of jewelry to various friends. When his estate is calculated, the total value of these specific gifts amounts to 85% of his entire estate. If these gifts were fully honored, Sarah, as the primary heir, would receive only 15% of the estate. Under the principle of the Falcidian portion, the value of the specific bequests would be reduced so that Sarah receives at least 25% of the estate, ensuring she is not largely disinherited by her father's generosity to others.

• Example 2: Balancing Charitable Giving with Heir's Rights

  Consider Ms. Chen, who has a modest estate and names her niece, Emily, as her sole primary heir. Ms. Chen is also deeply passionate about animal welfare and wishes to leave a substantial sum to a local animal shelter. In her will, she bequeaths 60% of her estate to the animal shelter and the remaining 40% to Emily. While this distribution initially seems to leave Emily with more than the 25% minimum, let's assume that after all debts and expenses are paid, the net value of the estate is significantly reduced, and the 40% left to Emily now represents less than 25% of the original gross estate value. The Falcidian portion would then come into play, potentially reducing the bequest to the animal shelter to ensure Emily receives her guaranteed one-fourth share of the net estate, even if it means the charity receives less than originally intended.

• Example 3: Multiple Heirs and Cumulative Legacies

  Suppose Mr. Davies has three primary heirs: his children, Alex, Ben, and Chloe. His will also includes many smaller legacies to various distant relatives, employees, and a few small charities. Individually, none of these specific legacies seem excessive. However, when the total value of all these legacies combined is calculated, it amounts to 80% of Mr. Davies's estate. This leaves only 20% to be divided among Alex, Ben, and Chloe, which is less than the collective 25% minimum guaranteed by the Falcidian portion. In this scenario, the value of the specific legacies would be proportionally reduced until the three primary heirs collectively receive at least 25% of the estate, ensuring their protected share is upheld despite the numerous other gifts.