Legal Definitions - legitimi heredes

Legitimi heredes is a Latin term from ancient Roman law that refers to the "lawful heirs" of a person who died without leaving a will (known as dying "intestate"). These were the individuals designated by ancient Roman law, particularly the principles of the Twelve Tables, to inherit property. They represented a specific order of claimants, often including close male relatives (agnates) and sometimes other individuals like a deceased person's patron (a former master).

• Example 1: Inheritance by a Son
  Imagine a Roman citizen named Marcus who dies suddenly without having written a will. He has a grown son, Lucius, who is still legally under Marcus's paternal authority. In this scenario, Lucius would be considered a legitimus heres. As a direct male descendant, he would be among the primary lawful heirs designated by Roman law to inherit Marcus's estate according to the established order for intestacy.
• Example 2: Inheritance by a Brother
  Consider Cornelia, a Roman woman who dies intestate, meaning she left no will. She has no children or husband, but her brother, Quintus, is still alive and shares a common male ancestor with her. In this situation, Quintus, as an agnate (a relative through the male line), would likely be considered a legitimus heres. The law would look to this specific class of relatives to inherit Cornelia's estate in the absence of closer heirs like children.
• Example 3: Inheritance by a Patron
  Suppose Aulus, a freedman (a former slave who had been granted freedom), dies without a will and has no children or other close blood relatives. His former master, Gaius, who granted him freedom, is still alive. Under certain circumstances in Roman law, particularly for freedmen, Gaius, as Aulus's patron, could be considered a legitimus heres. If Aulus died intestate and without other designated heirs, Gaius would have a legal claim to inherit Aulus's estate, demonstrating how the term could extend beyond direct blood relatives in specific contexts.