Legal Definitions - legitimate portion

The legitimate portion, also known as the legitime, is a legal concept found primarily in civil law systems (which differ from common law systems prevalent in countries like the United States or the United Kingdom). It refers to a specific part of a deceased person's estate that, by law, must be reserved for certain close relatives, typically children, and sometimes a surviving spouse. This means that even if a will attempts to disinherit these heirs or leave them nothing, they are still legally entitled to this protected share of the estate. The purpose of the legitimate portion is to ensure that immediate family members receive a minimum inheritance, preventing complete disinheritance.

• Example 1 (France):

  A wealthy French artist, Jean-Luc, has two children but has a strained relationship with his son, Marc. In his will, Jean-Luc explicitly states that he wants to leave his entire fortune to his daughter, Sophie, and nothing to Marc. Despite Jean-Luc's wishes expressed in his will, French inheritance law (a civil law system) dictates that children are entitled to a "legitimate portion" of their parent's estate. Therefore, Marc would still be legally entitled to his share of the legitimate portion, even if the will tried to exclude him entirely. The will's provisions would be adjusted to ensure Marc receives his legally mandated share.

• Example 2 (Louisiana, USA):

  Maria, a resident of Louisiana (a U.S. state with a civil law heritage), passes away. She has one adult daughter, Elena, who is considered a "forced heir" under Louisiana law because she is permanently incapacitated. Maria's will leaves all her assets to a local animal shelter. In Louisiana, certain descendants are considered "forced heirs" and are entitled to a "legitime" or "forced portion." Because Elena qualifies as a forced heir, she is legally entitled to a specific percentage of Maria's estate, regardless of the will's terms. The animal shelter would receive the remainder after Elena's legitimate portion is satisfied.

• Example 3 (International Estate Planning):

  An American businessman, David, owns significant property in Italy, a country with a civil law system. David drafts a will in the United States, leaving all his worldwide assets to his new spouse and explicitly excluding his children from a previous marriage. When David passes away, his children could challenge the will in Italy regarding the Italian property. Italian inheritance law recognizes the "legitimate portion" for children. Even though David's U.S. will did not provide for them, Italian law would likely mandate that his children receive their legitimate share of the Italian assets, overriding the provisions of the U.S.-drafted will concerning those specific assets.