Legal Definitions - rationabili parte bonorum

Rationabili parte bonorum is a Latin phrase that translates to "of a reasonable part of the goods" or "of a reasonable share of the estate."

Historically, this term referred to a legal principle, particularly prevalent in medieval English law, which mandated that a deceased person's estate be divided into specific portions to ensure their spouse and children received a guaranteed share, regardless of the provisions in the deceased's will. Typically, the estate was divided into three parts: one for the widow, one for the children, and one for the deceased to dispose of as they wished through their will. This principle was designed to prevent a testator from completely disinheriting their immediate family.

While the specific rule of rationabili parte bonorum is no longer directly applied in modern English law, its underlying concept—protecting family members from disinheritance—persists in various forms. Many civil law jurisdictions still have "forced heirship" rules that reserve a portion of an estate for close relatives, and common law jurisdictions often have statutory provisions allowing dependants to claim "reasonable financial provision" from an estate if they have been inadequately provided for.

Here are some examples illustrating this concept:

• Example 1: Medieval Inheritance Dispute

  Imagine a wealthy merchant in 14th-century England who, in his will, attempts to leave his entire fortune to a distant cousin, completely excluding his wife and two young children. Under the principle of rationabili parte bonorum, the merchant's wife and children would still be legally entitled to their mandatory shares of the estate (typically one-third each). The will's provisions would only apply to the remaining one-third of the estate, as the law ensured a "reasonable part" for the immediate family.

  This example demonstrates how rationabili parte bonorum acted as a safeguard, overriding a testator's wishes in a will to ensure that close family members received a guaranteed portion of the inheritance, preventing their complete disinheritance.

• Example 2: Modern Civil Law System (Forced Heirship)

  Consider a scenario in a country like Germany, which operates under a civil law system. A father dies, leaving a will that explicitly states he wants all his assets to go to a specific charity, leaving nothing for his two adult children. While the exact phrase rationabili parte bonorum is not used, the German legal system has "forced heirship" (Pflichtteil) rules that are conceptually very similar. These rules would entitle the children to a mandatory share of the estate (typically half of what they would have received under intestacy rules), regardless of the father's will.

  This illustrates how the fundamental idea behind rationabili parte bonorum—ensuring close family members receive a guaranteed share—is still a cornerstone of inheritance law in many parts of the world, albeit under different names and specific rules.

• Example 3: Modern Common Law System (Family Provision Claim)

  In contemporary England, a mother passes away, leaving a will that provides her entire estate to a new partner, making no provision for her adult daughter who has a severe disability and is financially dependent on her. Although rationabili parte bonorum is no longer directly applied, the daughter could make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This Act allows certain family members and dependants to apply to the court for "reasonable financial provision" from the deceased's estate if the will (or intestacy rules) does not adequately provide for them.

  This example shows how modern statutory provisions in common law jurisdictions serve a similar protective function to the historical rationabili parte bonorum. They ensure that even if a will attempts to exclude a dependant, the law can intervene to provide a "reasonable part" of the estate to prevent hardship, reflecting the enduring principle of family provision.