The Quarta Falcidiana, also known as the Falcidian portion, is a term in Roman law that pertains to the one-fourth share of an estate that forced heirs are permitted to retain. It should be noted that this portion is distinct from the Quarta Trebellianica.
The term “Quarta Falcidiana” refers to the one-fourth part of an estate that one or more instituted heirs are entitled to retain under Roman law. It is also known as the Falcidian portion. For instance, if a person passes away and leaves behind a $100,000 estate, the instituted heir(s) can retain $25,000 as their Quarta Falcidiana. This concept is related to forced heir and legitime, which are legal terms used to describe the rights of heirs to inherit a portion of a deceased person’s estate. Quarta Falcidiana is distinct from Quarta Trebellianica, which is another legal term in Roman law that describes the one-third part of an estate that a testator could bequeath to a chosen individual. In the case of John’s father’s passing, leaving behind a $500,000 estate, John, as the instituted heir, was entitled to retain one-fourth of the estate as his Quarta Falcidiana. Therefore, John could keep $125,000 of his father’s estate, while the remaining $375,000 would be distributed among the other heirs according to the law. This example demonstrates how the concept of Quarta Falcidiana operates in practice, highlighting the rights of instituted heirs to retain a portion of the estate determined by law, with the rest being distributed among other heirs based on inheritance rules.
Quarta Falcidiana refers to a legal principle in Roman law that deals with the division of an inheritance among multiple heirs.
Under Quarta Falcidiana, the estate is divided into four equal parts, with one part (quarta) being reserved for the surviving spouse or children, and the remaining three parts being distributed among the other heirs.
The surviving spouse or children of the deceased are entitled to the quarta portion under Quarta Falcidiana.
No, the quarta portion cannot be waived or transferred to someone else. It is a mandatory share reserved for the surviving spouse or children.
If there are no surviving spouse or children, the quarta portion is not applicable, and the estate will be distributed among the other heirs according to other legal principles.
No, the quarta portion cannot be increased or decreased. It is fixed at one-fourth of the estate.
In certain circumstances, the quarta portion can be contested if there are disputes regarding the identity of the surviving spouse or children, or if there are allegations of fraud or coercion.
Yes, there are exceptions to Quarta Falcidiana in cases where the deceased has made a valid will or testamentary disposition that specifically alters the distribution of the estate.
Quarta Falcidiana applies to blended families by considering the surviving spouse and children from the current marriage or relationship. Children from previous relationships may have separate inheritance rights based on other legal principles.
Quarta Falcidiana is not directly applicable in modern legal systems, as it is a principle derived from Roman law. However, some legal systems may have similar provisions or rules that ensure a mandatory share for surviving spouses or children in the distribution of an estate.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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