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Legitime
EntityQ1125648· pop 16· linked from 20 articles

Also known as Legally Reserved Portion, statutory portion

thumb|300px|Forced heirship rules by country In civil law and Roman law, the legitime (), also known as a forced share or legal right share, of a decedent's estate is that portion of the estate from which they cannot disinherit their children, or their parents, without sufficient legal cause. The word comes from French , meaning "rightful heir."

~6 min read

Encyclopedic overview

10 sections
Contents
  • English common law
  • In certain jurisdictions
  • Brazil
  • Czech Republic
  • Greece
  • Louisiana
  • Scotland
  • Philippines
  • References
  • External links

thumb|300px|Forced heirship rules by country In civil law and Roman law, the legitime (), also known as a forced share or legal right share, of a decedent's estate is that portion of the estate from which they cannot disinherit their children, or their parents, without sufficient legal cause. The word comes from French , meaning "rightful heir."

The legitime is usually a statutory fraction of the decedent's gross estate and passes as joint property to the decedent's next-of-kin in equal undivided shares. The legitime cannot be infringed in order to give a spouse or other beneficiary a greater share of the estate. Therefore, when a decedent has children and leaves a will, it is unlawful for the testator to override the legitime by special gift which exhausts the estate or by designating his spouse or other person as sole beneficiary. This is known as preterition when arising by omission and disinheritance when heirs are expressly deprived.

Excerpted from Wikipedia’s “Legitime” article, available under the CC BY-SA 4.0 licence.

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