Legal Definitions - disposable portion

The disposable portion refers to the part of a person's estate (all their assets and property) that they are legally free to give to anyone they choose in their will. This is distinct from any portions of the estate that might be legally reserved for specific heirs, such as a spouse or children, depending on the laws of the jurisdiction where the person resides.

• Example 1: Forced Heirship Jurisdiction

  Maria lives in a country with civil law traditions, where the law dictates that 50% of her estate must be inherited by her children. If Maria's total estate is valued at $1 million, then $500,000 is legally reserved for her children. The remaining $500,000 constitutes her disposable portion, which she can freely bequeath to anyone else, such as a favorite charity, a close friend, or other relatives, according to her wishes.

• Example 2: Common Law Jurisdiction with Spousal Rights

  John lives in a state where there are no forced heirship laws for adult children, but a surviving spouse has a legal right to a minimum share of the estate. John's will leaves his entire $2 million estate to his adult children, but he has a surviving spouse who is not adequately provided for. The spouse successfully claims their legal share, which is one-third of the estate, or approximately $666,666. The remaining portion of John's estate, after satisfying his spouse's legal claim, represents the disposable portion that can be distributed to his children as per his will.

• Example 3: Specific Bequest within Discretionary Funds

  Sarah, a single individual with no mandatory heirs, has an estate consisting of various assets, including a valuable art collection. She wants to leave the art collection, valued at $400,000, to her university's art department, and the rest of her $1.5 million estate to her nieces and nephews. Since there are no legal requirements to reserve specific portions for others in her jurisdiction and situation, the entire $1.5 million estate, including the art collection, falls within her disposable portion. This means she has complete freedom to allocate the art collection to the university as a specific bequest.