The legitimate portion is the part of the inheritance that, by law, must go to certain heirs , known as "forced heirs". It is not optional, which means that the testator cannot freely dispose of his entire inheritance, since a part is legally destined for these heirs.
Understanding how the legitimate portion works is key to avoiding surprises when distributing an inheritance. If you have doubts about how the legitimate portion affects your situation, it is best to consult an expert. Having a Badalona Inheritance Lawyer can be of great help to advise you throughout the process and ensure that the rights of all heirs are fulfilled according to the law.
The legislation distinguishes several forced heirs, who are those who have the right to the legitimate inheritance:
Children and descendants : They are the first in line to inherit. If one of the children bc data thailand has died, his or her share of the inheritance will go to his or her descendants (grandchildren of the deceased).
Parents and ancestors : If the deceased does not leave children or descendants, his or her parents or grandparents will have the right to a share of the inheritance.
The widowed spouse : The spouse does not receive a portion of the inheritance as such, but is entitled to a portion of the usufruct, which may vary depending on the circumstances. This means that he or she can use them or enjoy their benefits while he or she is alive.
What percentage corresponds to the legitimate?
The calculation of the legitimate share depends on the family structure of the deceased:
If there are children : The legitimate share represents one third of the total inheritance, known as the "strict legitimate share." This third must be divided equally among the children.
If there are no children but there are ascendants : The legitimate share will be half of the total inheritance.
The widowed spouse : Has the right to the usufruct of a third of the improvement if there are descendants, or to the usufruct of half of the inheritance if there are none.
Can it be reduced or eliminated?
Although the legitimate share is a protected right, there are situations in which it can be reduced or even eliminated. This happens, for example, in cases of disinheritance , which can be justified by reasons such as serious mistreatment or the lack of relationship between the testator and the heir.
