legítima

Legítima is a legal concept in civil-law systems describing the portion of a person’s estate that must be reserved for certain heirs by law, regardless of the decedent’s will. It represents a forced share intended to protect close relatives after death.

Who is protected and how it works: The eligible heirs and the size of the legítima vary by jurisdiction, but typically include descendants such as children or grandchildren, and in some systems a surviving spouse or ascendants. The calculation and application depend on the applicable civil code, and some rules may allow adjustments based on the number of heirs or other factors.

Relation to testamentary dispositions: The part of the estate not covered by legítima is usually called libre disposición and can be disposed of freely by the decedent through a will or other arrangements. Some jurisdictions also recognize enhancements or improvements within the legitimate portion to benefit particular heirs. If a will or transaction infringes on the legítima, legítimate heirs may challenge it in court to recover their legally protected share.

Context and scope: Legítima is a common feature in many civil-law countries, including Spain, Portugal, and various Latin American jurisdictions. It differs from common-law approaches, where inheritance distribution is more directly governed by probate rules and contractual arrangements, with fewer mandatory shares mandated by law.

See also: forced heirship, succession law, will, testament.