Legal Definitions - forced heir

A forced heir is a legal term primarily used in civil law jurisdictions (such as many countries in Europe, Latin America, and Louisiana in the United States). It refers to a person who, by law, is entitled to a specific portion of a deceased person's estate, regardless of the provisions of the deceased's will.

This legally protected share, often called the "forced share" or "legitime," ensures that certain close relatives—most commonly children, but sometimes also spouses or parents—cannot be completely disinherited. The purpose is to protect the financial interests of these family members and uphold societal expectations regarding familial support.

Here are some examples illustrating the concept of a forced heir:

• Example 1: Disinheritance of a Child

  Imagine a father in France (a civil law country) who has a strained relationship with his only daughter. In his will, he explicitly states that he wants to disinherit her completely and leave his entire estate to a charitable organization. Under French law, his daughter is a forced heir. This means that despite her father's will, she would still be legally entitled to a specific percentage of his estate (her forced share), and the charity would only receive the remaining portion.

• Example 2: Children from a Previous Marriage

  Consider a man living in Italy who has two adult children from his first marriage and a new spouse. He drafts a will intending to leave his entire estate solely to his new spouse, believing his children are financially independent. However, under Italian law, his two children are forced heirs. They are legally entitled to a portion of his estate, and his will would be adjusted to ensure they receive their statutory share, with his spouse inheriting the remainder.