Legal Definitions - unciarius heres

The term unciarius heres (pronounced un-shee-AIR-ee-us HAIR-eez) is a concept from ancient Roman law. It refers to an heir who is designated to receive precisely one-twelfth of an estate or inheritance.

In Roman legal tradition, the "uncia" was a unit of measurement often representing one-twelfth of a larger whole, similar to how an ounce is one-twelfth of a Roman pound (libra). Therefore, an unciarius heres was an individual whose share of the deceased's property was fixed at this specific fraction.

Here are a few examples illustrating how this term would apply:

• Explicit Testamentary Provision: Imagine a wealthy Roman citizen, Marcus, drafting his will. While his primary heirs (his children) receive larger portions, Marcus wishes to acknowledge a loyal freedman, Titus, who served him faithfully for many years. Marcus might explicitly state in his will that Titus is to be an unciarius heres. This means Titus would legally inherit one-twelfth of Marcus's entire estate, whether it consists of land, money, or other assets.

  This example demonstrates the term by showing a direct and intentional allocation of a one-twelfth share to a specific individual through a will.

• Division Among Multiple Heirs: Consider a scenario where a Roman testator, Julia, has several distant relatives and friends she wishes to benefit, but without giving any one of them a substantial portion. If Julia's will specifies that her estate is to be divided into twelve equal parts, and one particular friend, Cornelia, is assigned one of these parts, Cornelia would be considered an unciarius heres. Her entitlement would be exactly one-twelfth of Julia's total inheritance.

  This example illustrates the term in a context where an estate is divided into twelve units, and one heir receives a single unit, thus becoming an heir to one-twelfth.

• Residual Heir After Specific Legacies: Suppose a Roman citizen, Lucius, leaves specific valuable items to certain individuals (legacies). After these specific bequests are fulfilled, the remainder of his estate is to be divided. If Lucius's will stipulates that a certain nephew, Quintus, is to receive one-twelfth of this remaining residual estate, Quintus would legally be an unciarius heres for that portion. His share would be calculated as one-twelfth of whatever assets are left after all other specific gifts are distributed.

  This example shows the application of the term to a fractional share of a residual estate, highlighting that the one-twelfth portion could apply to the whole or a defined part of the inheritance.