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Simple English definitions for legal terms
legitimate portion
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A quick definition of legitimate portion:
A legitimate portion is a part of a person's property that their children (and sometimes other heirs) are entitled to receive by law, regardless of what the person's will says. This means that children cannot be denied their legitimate portion without a good reason. In the past, the amount of the legitimate portion was one-fourth of the person's property, but this may vary depending on the laws of the country or state. Legitimate portion is also known as legal portion or forced portion.
A more thorough explanation:
Definition: Legitimate portion refers to the part of a deceased person's property that their children (and sometimes other heirs) are legally entitled to receive, regardless of what is stated in the will.
In civil law, the legitime cannot be denied to the children without a valid legal reason. In Roman law, the legitime was one-fourth of the claimant's share on intestacy.
Examples:
- John's will stated that his entire estate should go to his wife. However, his children were entitled to their legitimate portion, which they received despite the will's terms.
- In Louisiana, the Civil Code states that the legitime is a mandatory portion of the estate that cannot be taken away from the children.
These examples illustrate how the legitimate portion is a legal entitlement that cannot be denied to the children of a deceased person, even if the will states otherwise.