Legítimas

Legítimas is a legal concept in civil law that designates the portion of an individual's estate that must be reserved for certain close relatives, known as forced heirs. This reserved portion cannot be fully dispensed with through a will or other transfers, ensuring financial support for those relatives after the decedent’s death. The concept exists in several jurisdictions, including Spain, Portugal, and parts of Latin America, though the exact rules and quantities vary by country.

Who counts as a forced heir and how the legítima is calculated differ across systems. In many traditions, the main groups are descendants (children and sometimes grandchildren), with parents or a spouse sometimes included depending on local law. The estate is typically divided into a reserved (legítima) part and a disposable part. The reserved portion is allocated among the eligible heirs according to statutory rules, and the disposable portion can be freely distributed by the decedent, for example through a will. If a testamentary disposition infringes the legítima, it can be challenged and, in many cases, reduced to meet the protected rights of the forced heirs.

Jurisdictional variations are common. In some countries, the legítima is a fixed share of the total estate; in others, the size of the reserved portion and the list of eligible heirs may adjust based on family circumstances, such as the number of descendants or the presence of a spouse. The practical effect is to limit complete freedom of disposal, balancing personal testamentary wishes with the financial protection of immediate family members.

For precise rules, including who qualifies as a forced heir and the exact share, local civil or probate law should be consulted.