légitime

Légitime is a French term that translates to "legitimate" or "lawful." It is most commonly encountered in legal contexts, particularly in French inheritance law. In this domain, légitime refers to the portion of an estate that is reserved by law for the deceased's closest heirs, known as "héritiers réservataires" or forced heirs. These forced heirs typically include children and, in their absence, grandchildren or a surviving spouse.

The concept of légitime aims to protect family members from being disinherited entirely by a testator. The testator is free to dispose of the portion of their estate that exceeds the légitime as they wish, through a will or donations. However, the légitime must be passed on to the forced heirs, regardless of the testator's intentions for that specific portion. The calculation of the légitime is based on the total value of the estate, including assets transferred during the testator's lifetime. If the testator's will or donations infringe upon the légitime, the forced heirs have legal recourse to claim their rightful share. This legal protection ensures a degree of fairness and prevents complete disinheritance of close family members. The specific proportion of the légitime can vary depending on the number of forced heirs.