Everything about Legitime totally explained
In
civil law and
Roman law, the
legitime, or
forced share, of a decedent's
estate is that portion of the estate from which he can't disinherit his children, or his parents, without sufficient legal cause. The word comes from
French héritier legitime, meaning "rightful heir."
The legitime is usually a fraction of the entire property, which is then shared by the heirs. Where there's the law of legitime, and in the case where the testator has children, it isn't lawful for a
testator with issue to designate his spouse as sole heir while ignoring his children.
The
legitime, common in
Continental Law jurisdictions, is a portion of property fixed by law, which a testator with issue is bound to bequeath to his children.
Common law
At
common law, there's no legitime; the
Statute of
Wills, 32
Hen. VIII c. 1, provided for the unfettered distribution of a decedent's entire estate; a
testator is entitled to disinherit any and all of his children, for any reason and for no reason. Most jurisdictions in the
United States have enacted statutes that prohibit a testator from disinheriting a spouse, or provided that in the event of such a will the spouse may
elect to "take against the will" and claim a statutory share of a decedent's estate. This is done as a substitute for the common law rights of
dower and
curtesy.
In certain jurisdictions
Brazil
In
Brazil, the descendants (alternatively, the parents or grandparents) and the spouse must receive at least 50% of it among themselves.
Louisiana
In
Louisiana, up until recently, the situation was different. In Louisiana the
legitime operated to prevent a parent from wholly disinheriting his children, who were called
forced heirs. If there was one child, that child must receive at least 25% of the decedent's estate. If there were two or more children, they must receive at least 50% of it among themselves. Similar provisions prevented a decedent with living parents from disinheriting them.
Current
Louisiana law provides for a forced share if the decedent's children are under 24 years of age, or are permanently unable to take care of themselves.
Scotland
In
Scotland,
legitim refers to the
Bairn's Part (
bairn =
child).
Further Information
Get more info on 'Legitime'.
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