Legal Definitions - legal portion

The term legal portion, also known as a legitime, refers to a specific part of a deceased person's estate that, by law, must be reserved for certain heirs, typically children or a surviving spouse. In legal systems that recognize a legal portion (often civil law jurisdictions, unlike common law systems where testamentary freedom is broader), a person cannot freely dispose of their entire estate through a will if it would deprive these designated heirs of their statutory share. This ensures that certain close family members receive a minimum inheritance, regardless of the deceased's wishes expressed in a will.

• Example 1: Children in a Civil Law Country

  Maria lives in a country that follows a civil law system, where children are entitled to a legal portion of their parents' estate. Maria has two children, Anna and Ben. In her will, Maria attempts to leave her entire estate to a charity, explicitly stating that Anna and Ben should receive nothing.

  This illustrates the legal portion because despite Maria's will, Anna and Ben would likely be able to claim their legal portion of her estate. The law in that jurisdiction mandates that a certain percentage of the estate (e.g., two-thirds if there are two children) must be reserved for them, overriding Maria's testamentary wishes to that extent. The charity would only receive the remaining disposable portion.

• Example 2: Surviving Spouse in a Jurisdiction with Forced Heirship

  David and Sarah are married and live in a jurisdiction that recognizes community property and also has provisions for a legal portion for surviving spouses. David passes away, and his will states that all his assets, including his share of the community property, should go to his brother, Mark.

  This illustrates the legal portion because even though David's will attempts to disinherit Sarah, the legal portion provisions (often intertwined with community property laws) would ensure Sarah receives her statutory share. For instance, she would typically be entitled to her half of the community property, and potentially a further legal portion from David's separate property or his half of the community property, depending on the specific laws. The will's attempt to give everything to Mark would be ineffective against Sarah's legal entitlement.

• Example 3: Specific Asset and its Value

  In a country with a strong legitime for children, a father, Mr. Chen, owns a valuable antique collection. He has one daughter, Li. In his will, Mr. Chen bequeaths the entire antique collection, which constitutes a significant portion of his estate's value, to his nephew, hoping to keep it within the broader family line.

  This illustrates the legal portion because Li, as the sole child, would be entitled to a legal portion of Mr. Chen's estate. If the antique collection's value, combined with other bequests to the nephew, exceeds the disposable portion of the estate (i.e., the part Mr. Chen was free to give away), Li could challenge the will. She wouldn't necessarily get the physical antiques themselves, but the court would ensure that assets equivalent to her legal portion are allocated to her, potentially requiring the nephew to compensate her or for other assets to be reallocated to meet her statutory share. The law ensures she receives her minimum inheritance value, even if it means adjusting specific bequests.