In wills we are all familiar with the figure of legitimate shares

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The deceased when he has forced heirs cannot dispose of all his assets, a part of the inheritance by law has to go to the forced heirs. He only has true freedom over the freely available part . Or if he does not have forced heirs, the entire inheritance is freely available. Therefore, you cannot distribute the inheritance to whoever you want, you have to take into account the legitimate share, especially if you have children since by law they will always be entitled to a part of your assets. If you find yourself immersed in a procedure of this type, or you have doubts when making a will, it is best to put yourself in the hands of professionals who are specialized in inheritance management in Valencia .

The compulsory heirs are children, whether they are born within or outside of marriage. Children born within marriage and children born outside of marriage have the same rights and the same legal protection. Even if you have an unrecognized child , he or she can claim the inheritance if he or she proves filiation.

A child can be disinherited

Legitimate and improvement
Article 806 of the Civil Code indicates that the legitimate portion is the taiwan phone number digits portion of assets that the testator cannot dispose of because the law has reserved it for certain heirs. These are called forced heirs .

Article 823 of the Civil Code indicates that parents may dispose of, as an improvement , in favor of one of their children or descendants, one of the two thirds that make up the legitimate portion.


That is, the legitimate portion is two thirds of the inheritance, of which one third corresponds to the strict legitimate portion (the testator cannot dispose of it) and the other third to the improvement.

There is also the legitimate share of ascendants, but it is subsidiary to that of children or descendants. On the other hand, the legitimate share of a widowed spouse coexists with that of descendants and ascendants.

Disinheritance
Legitimate inheritances are limits to the freedom to make a will. The reason for this is found in the principle of family protection.

But this is not absolute and we can ask ourselves if it is possible to disinherit a child . The answer is affirmative: one of the forced heirs can be deprived of his legitimate share, for reasons established by law, as provided for in article 813 of the Civil Code.

Disinheritance must always be justified and the cause must be established by law. It must also be expressly stated.

The causes of disinheritance are included in articles 853 and 855 of the Civil Code.