Legitim

What is Legitim in Roman Law?

Legitim refers to the portion of an estate that must be reserved for certain heirs, typically children, regardless of the testator's wishes expressed in a will. In Roman law, legitim ensures that close family members receive a minimum share of the estate, reflecting the importance of familial obligations and support.

In Context

The principle of legitim is crucial in inheritance law, particularly in cases where a testator attempts to disinherit a child or spouse. An illustrative case is Re Dorrington (1999), where the court examined the distribution of an estate and the rights of heirs to their legitim. This case demonstrates how the concept of legitim can protect family members from being entirely excluded from an inheritance, aligning with Roman legal principles that prioritise familial rights.

See Also

• Forced Heirship

• Inheritance

• Testamentary Freedom

Learn More

To delve deeper into the concept of legitim and its implications in inheritance law, explore our Roman Law Notes for comprehensive insights and relevant case studies.