Define: Quarta Trebellianica

The quarta Trebellianica, named after senator Trebellianus who proposed it, was an ancient Roman rule that permitted an heir to retain one-fourth of an inheritance while transferring the remaining portion as directed by the testator through a fideicommissum. This rule bore resemblance to the Falcidian portion, which granted an heir the ability to retain half of the inheritance.

The quarta Trebellianica, a Latin term derived from Trebellianus’s senatus consultum in ancient Rome, refers to the fourth portion of an inheritance that an heir could retain after transferring the rest of the inheritance as directed by the testator under a fideicommissum. This practice allowed heirs to fulfil the testator’s wishes while still keeping a portion of their inheritance. For instance, if a testator left an inheritance to their three children under a fideicommissum, the children would have to pass on the inheritance to their own children after their death. However, they were entitled to keep the quarta Trebellianica, which constituted one-fourth of the inheritance. Similarly, if a testator left an inheritance to their spouse under a fideicommissum, the spouse would have to transfer the inheritance to their children after their death, but they could retain the quarta Trebellianica. This practice ensured that the inheritance remained within the family and was a common custom in ancient Rome. The examples provided demonstrate how the quarta Trebellianica functioned in different scenarios and allowed heirs to preserve a portion of their inheritance while still adhering to the testator’s wishes.

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.