Definition:
A forced portion refers to a portion of an individual’s assets that their children (and occasionally other beneficiaries) are legally entitled to receive, regardless of the contents of the individual’s will. This implies that the children cannot be deprived of this portion without a valid justification. In Roman law, the forced portion equated to one-fourth of the share that the individual would inherit if they passed away intestate. It is also known as a legal portion, legitimate portion, or legitime.
The forced portion, also known as legitime, refers to the portion of a deceased individual’s property that their children (and sometimes other heirs) are legally entitled to receive, regardless of the instructions in the will. In civil law, the children cannot be denied their legitime without a valid legal reason. Under Roman law, the legitime constituted one-fourth of the claimant’s share in the absence of a will. For instance, John’s will specified that his entire estate should be inherited by his wife, but his two children still have a right to their forced portion, which is a portion of his estate that cannot be withheld from them. Even if a parent disinherits their child in their will, the child may still be eligible for their forced portion as per the law. These examples demonstrate how the forced portion operates in civil law. Regardless of a deceased person’s will, their children (and sometimes other heirs) possess a legal entitlement to receive a portion of the estate.
A forced portion, also known as a legal portion or compulsory portion, refers to the portion of an estate that is reserved by law for certain heirs, regardless of the deceased person’s wishes as expressed in their will.
The entitlement to a forced portion varies depending on the jurisdiction, but it typically includes the surviving spouse and children of the deceased. In some cases, other close relatives may also be entitled to a forced portion.
The calculation of the forced portion is determined by specific legal rules or formulas established by the jurisdiction. It is usually based on a percentage of the deceased person’s estate, taking into account factors such as the number of heirs and their relationship to the deceased.
In some jurisdictions, it may be possible for the deceased person to waive or modify the forced portion through a valid legal instrument, such as a prenuptial agreement or a will. However, the laws regarding the enforceability of such waivers or modifications vary, so it is important to consult with a legal professional in your jurisdiction.
If the estate does not have enough assets to cover the forced portion, the entitlement of the heirs may be reduced proportionally. This means that each heir entitled to a forced portion will receive a smaller share than they would have received if the estate had been sufficient.
In some cases, the forced portion can be challenged or contested if there are valid legal grounds to do so. However, the specific grounds for challenging a forced portion vary depending on the jurisdiction, and it is advisable to seek legal advice to determine the viability of such a challenge.
Yes, even if the deceased person had a valid will, the forced portion may still be claimed by the entitled heirs. The forced portion takes precedence over the provisions of the will and cannot be completely disinherited, although it may be reduced or modified in some cases.
Yes, the forced portion can still be claimed if the deceased person died intestate. In the absence of a will, the laws of intestacy will determine the distribution of the estate, and the entitled heirs will still be entitled to their respective forced portions.
The forced portion is generally protected from the deceased person’s outstanding debts. It is considered a priority claim and is typically satisfied before other creditors can make claims against the estate.
In some jurisdictions, gifts or transfers made by the deceased person during their lifetime may be taken into account when calculating the forced portion. These rules are often in place to prevent the deceased person from intentionally depleting their estate to avoid the forced portion. However, the specific rules regarding such gifts or transfers vary, so it is important to consult with a legal professional to understand the implications in your jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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