Legal Definitions - lex Voconia

The lex Voconia was an ancient Roman law enacted in 169 B.C. Its primary purpose was to regulate inheritance, particularly concerning the amount of wealth that could be bequeathed and inherited, with specific restrictions placed on women. The law aimed to prevent the excessive accumulation of wealth by individuals, especially women, through inheritances and gifts made in contemplation of death.

Key provisions of the lex Voconia included:

• It capped the amount any single person could receive as a legacy (a gift specified in a will) or a gift made in anticipation of death. This amount could not exceed what the primary heirs collectively received, and often meant no legatee could receive more than any individual heir.
• It prohibited women from being named as heirs to estates that exceeded a certain, significant value.
• In cases where a person died without a will (known as intestate succession), the law limited which female relatives could inherit, generally allowing only the deceased's sisters to inherit among female agnates (relatives through the male line).

This law was eventually superseded by the Falcidian law, which introduced a different mechanism to ensure heirs received a minimum portion of an estate.

Examples of the lex Voconia in practice:

• Capping Legacies: A wealthy Roman citizen, Lucius, drafts his will, intending to leave a substantial legacy of 150,000 sesterces to his loyal friend, Brutus. His two primary heirs, his sons, are each designated to inherit 100,000 sesterces, totaling 200,000 sesterces between them.

  Under the lex Voconia, Brutus's legacy would be capped. The law stated that no single person could receive more by legacy than what the primary heirs took. Since each of Lucius's sons (the primary heirs) is inheriting 100,000 sesterces, Brutus's intended legacy of 150,000 sesterces would be reduced to 100,000 sesterces, ensuring he did not receive more than any individual heir.

• Restrictions on Women as Heirs: Cornelia, a highly respected Roman matron, is named as the sole heir in her wealthy uncle's will. Her uncle's estate is valued at 500,000 sesterces, which is well above the maximum value a woman was permitted to inherit under the lex Voconia.

  Despite her uncle's clear intention, the lex Voconia would prevent Cornelia from fully inheriting the estate. The law specifically stipulated that no woman could be an heir to an estate exceeding a fixed, significant amount. Consequently, Cornelia would be unable to inherit the entire estate, and other provisions would have to be made for its distribution, likely to male relatives.

• Intestate Succession for Female Relatives: Gaius, a Roman citizen, dies suddenly without leaving a will. He has no sons, but he has a daughter, Livia, and a niece, Julia (his brother's daughter).

  In this situation of intestate succession (dying without a will), the lex Voconia would severely limit who could inherit. While Livia, as his daughter, might have some claim depending on other Roman legal complexities, Julia, as his niece (a female relative through the male line), would be entirely excluded from inheriting any part of Gaius's estate. The law specifically restricted female agnates in intestate succession to only the deceased's sisters, meaning other female relatives like nieces could not inherit.