legatário

Legatário is a legal term used in civil law to designate the person or entity named in a will to receive a legacy, that is, a discrete asset, a sum of money or another specified benefit, from the estate of a deceased person. The legatário is distinct from the herdeiro (heir), who receives the remainder of the estate after debts, taxes, and legacies are settled.

Legacies can take several forms. A legado de coisa certa transfers a specific item or property; a legado de quantia gives a precise monetary sum; a legado de usufruto assigns the right to use or enjoy an asset while another person holds ownership. Legatários acquire their rights upon the testator’s death, subject to the estate’s ability to satisfy all obligations and legacies.

Rights and obligations of the legatário are governed by the applicable civil code. The estate must first pay funeral expenses and debts; legacies are then satisfied, and the remaining assets are distributed to the heirs. If the will impinges on the reservado da legítima (the compulsory portion reserved for certain heirs), the legacies may be reduced proportionally to protect that portion. The legatário can enforce fulfillment of the legacy through appropriate legal mechanisms if payment is delayed or disputed.

In practice, the legatário’s claim is a focused, asset-specific entitlement within a will, complementary to the broader rights of heirs. The term is commonly used in Portugal and Brazil and generally corresponds to the English term “legatee.” The concept may vary slightly with jurisdiction, but centers on the designated recipient of a testamental bequest.