legatario

Legatario is a term used in civil-law inheritance systems to denote the person named in a will to receive a legacy (legado). A legatario receives a legatum, which may be a specific asset or a fixed sum of money, rather than the residue of the estate. Legacies may be categorized as legajo singular (a specific item or amount) or legajo universal (a portion of the estate).

Rights and process: The legatario’s right arises at the testator’s death and is satisfied from the estate after debts, taxes, and other charges have been paid. If the estate is not sufficient to meet all bequests, reductions may be applied to protect the legitimate shares of forced heirs where the law requires. Legatarios can typically enforce the bequest in court if the will is not honored.

Relationship to heirs: A legatario is distinct from heirs (herederos), who receive what remains after legacies and other obligations are settled. Legacies can coexist with other portions of the estate, depending on the governing law and the presence of reserved shares.

Examples: A will might state, “I leave my art collection to my friend,” or “I leave the sum of 50,000 euros to my niece.” These bequests are executed according to the will, subject to applicable inheritance law and tax obligations.

In summary, a legatario is the beneficiary of a bequest in a will, receiving a defined asset or amount, with rights and obligations determined by the applicable inheritance law.