Forced Heirship

What is Forced Heirship in Roman Law?

Quick Definition

Forced heirship in Roman law is the principle that certain close family members cannot be completely disinherited from an estate. These protected heirs, usually children or direct descendants, are entitled to a minimum share of the inheritance. It limits the freedom of a testator to dispose of property through a will.

In Context

Forced heirship becomes important when a Roman will appears to exclude immediate family members without a valid legal reason. Roman law allowed a testator to make a will, but it also imposed moral and legal limits through the idea of legitima portio (the rightful share). If a child was unfairly omitted, they could challenge the will and claim their portion of the estate. In exam questions, this often creates tension between testamentary freedom and family protection, especially where a will is technically valid but substantively unfair.

See Also

• Will (Testamentum)

• Inheritance (Hereditas)

• Heir (Heres)

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