Legal Quota: What Is the Share of Forced Heirship?
In the event of a person’s demise, the division of their assets may not be entirely at their discretion. A part of the estate, referred to as the “legal quota” or “forced heirship” is reserved by law for specific family members. This typically includes the spouse, children, parents, grandparents, or grandchildren, if they exist. The remaining portion, known as the “disposable quota” can be assigned at the testator’s discretion.
Forced heirs have a legal entitlement to a share of the inheritance based on their close relationship to the deceased. The legal quota’s amount depends on whether the deceased left a surviving spouse:
If only a spouse survives, they inherit half of the estate.
If a spouse and one child survive, the spouse receives one-third, and the child another third.
If a spouse and two or more children survive, the spouse gets one-fourth, while the children share the remaining two-thirds equally.
If a spouse, parents, or other ascendants survive but no children, the spouse inherits half, and the parents or other ascendants get one-fourth.
The surviving spouse is also entitled to the family home. Legally separated spouses have the same inheritance rights as non-separated spouses unless they were found at fault for the separation.
The Civil Code specifies the legal quota’s amount, and violating these provisions through testamentary dispositions may lead to legal action by forced heirs to reclaim their statutory shares.”
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