Legal Definitions - Falcidian law

Falcidian law is a law that was enacted in 40 B.C. in Roman law. It states that a person can only give away up to three-fourths of their property in legacies, and the heirs must receive at least one-fourth of the property.

If the testator violates this law, the heir has the right to deduct proportionally from each legatee as necessary. This law was proposed by the Roman tribune Falcidius and is also known as lex Falcidia.

For example, if a person has an estate worth $100,000 and they leave $80,000 in legacies, the heirs must receive at least $20,000 (one-fourth of the estate). If the legacies exceed $75,000, the legatees must be reduced proportionally.

The purpose of this law was to prevent a testator from giving away all their property in legacies, leaving nothing for the heirs. It ensured that the heirs received a fair share of the estate.