Legal Definitions - legitime

Legitime

In civil law systems, the legitime refers to a specific portion of a deceased person's estate that certain close relatives, typically their children, are legally entitled to inherit. This entitlement exists regardless of the terms of the deceased's will. It acts as a legal protection, ensuring that these designated heirs receive a minimum share of the inheritance unless there are very specific, legally recognized grounds for disinheritance. It is sometimes referred to as a forced portion or legal portion.

Here are some examples illustrating the concept of legitime:

• Scenario 1: Attempted Complete Disinheritance

  Imagine a father, Arthur, who lives in a jurisdiction that recognizes the legitime. Arthur has two children, Ben and Clara. Due to a severe disagreement, Arthur drafts a will stating, "I leave my entire estate to my friend, David, and nothing to my children, Ben and Clara."

  How this illustrates legitime: Despite Arthur's explicit wishes in his will, the law of legitime would intervene. Ben and Clara, as Arthur's children, would still be legally entitled to receive their protected share of Arthur's estate. The will's attempt to completely disinherit them would be overridden by the legitime, ensuring they receive their minimum legal portion.

• Scenario 2: Unequal Distribution Favoring One Child

  Consider Maria, a mother with three children: Sofia, Leo, and Elena. Maria's will states that Sofia will inherit 90% of her substantial estate, while Leo and Elena will each receive only 5%. Maria believes Sofia has been more supportive and deserves a larger share.

  How this illustrates legitime: In a jurisdiction with legitime, even though Maria has expressed a preference for Sofia, Leo and Elena would still be entitled to their legally mandated minimum share. If their 5% inheritance falls below the amount guaranteed by the legitime, the distribution would be adjusted to ensure they receive their protected portion, potentially reducing Sofia's share to accommodate this.

• Scenario 3: Bequest to a Charity Over Heirs

  Suppose Robert, a wealthy individual, is passionate about animal welfare. He drafts a will leaving his entire multi-million dollar estate to a prominent animal sanctuary. Robert has a daughter, Emily, with whom he has a distant but not hostile relationship.

  How this illustrates legitime: Even with Robert's noble intention to support a charity, the legitime would protect Emily's inheritance rights. As Robert's child, Emily would be entitled to a specific percentage of his estate, regardless of the will's provision to give everything to the animal sanctuary. The animal sanctuary would only receive the remainder of the estate after Emily's legitime has been satisfied.