Perdonation

Perdonation refers to a legal concept primarily found in civil law jurisdictions, particularly those influenced by Roman law. It describes a situation where a person has a legal right to receive a portion of an inheritance, even if they are not explicitly named as an heir in the deceased's will. This right is often reserved for close family members, such as children or a surviving spouse, and is designed to protect them from being entirely disinherited.

The specifics of perdonation vary significantly between legal systems. In some instances, perdonation may be an absolute right that cannot be overridden by a will. In others, it may represent a minimum share that the testator must leave to certain individuals. The concept aims to balance testamentary freedom with the protection of family members, ensuring a basic level of provision for those most closely related.

Historically, perdonation evolved from ancient legal principles that recognized a moral and legal obligation to provide for one's family. While the term "perdonation" itself might not be universally used, the underlying principle of a protected share in an estate for certain heirs is common in many legal frameworks, often referred to by different names such as "forced heirship" or "legitimate portion." The objective remains consistent: to prevent complete disinheritance of close relatives.