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Simple English definitions for legal terms
legal portion
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A quick definition of legal portion:
A legal portion, also known as a legitime, is a part of a person's property that their children (and sometimes other heirs) are entitled to receive by law, regardless of what is written in the person's will. This means that the children cannot be denied their legal portion without a valid reason. In Roman law, the legitime was one-fourth of the share that would be received if the person died without a will. It is also called a legitimate portion, forced portion, or legitim in Scotland.
A more thorough explanation:
Definition: The legal portion, also known as the legitime, is the part of a person's property that their children (and sometimes other heirs) are entitled to receive by law, regardless of what is stated in the person's will.
For example, if a person has three children and they leave their entire estate to their spouse in their will, each child would still be entitled to a portion of the estate as their legal portion.
The legal portion cannot be denied to the children without a valid legal reason. In Roman law, the amount of the legitime was one-fourth of the claimant's share on intestacy.
Overall, the legal portion ensures that children and other heirs are provided for, even if the deceased person did not include them in their will.