Legítimaintestada

Legítimaintestada is a term used in civil-law inheritance contexts to denote the portion of a deceased person’s estate that is reserved for certain heirs when there is no valid will. The word combines legítima, the forced or reserved share, with intestada, indicating intestacy (without a will). The concept reflects the legal protection afforded to specific relatives who are entitled to a portion of the inheritance regardless of the decedent’s expressed wishes.

In an intestate succession, the distribution of the estate follows statutory rules rather than the decedent’s directives. The legítima represents a portion that cannot be freely disposed of by testamentary acts and must be allocated to designated heirs. The exact beneficiaries and shares depend on the jurisdiction, but generally include descendants (children and their descendants), and, in their absence, ascendants or a surviving spouse, with the order and size of the legítima varying by law.

The term is commonly used in discussions of Spanish-speaking civil-law systems, including Spain and many Latin American countries, where the mechanics of legítimaintestada interact with other concepts such as libre disposición and the possibility of reductions or adjustments to gifts made in life to safeguard the reserved portion.

Differences between legítimaintestada and related notions like legítima testamentaria arise when a will exists; in that case, the testator’s dispositions may, within legal limits, affect the distribution, while the portions reserved by law retain protection in intestate scenarios. See also herencia, testamento, and derecho de sucesiones.