A term that we must know and keep in mind when making a will or receiving an inheritance is the Legítima Hereditaria.
In this post we are going to explain what is the legitimate in an inheritance, who is entitled to it, what types exist, and more.
Our Civil Code defines it as: legitimate is the portion of property that the testator cannot dispose of because it has been reserved by law to certain heirs, therefore called forced heirs. Article 806 of the Civil Code.
The estate is divided into three thirds:
One third of free disposition.
One third of improvement.
Legitimacy third.
1) Free disposition third.
From the third of free disposition, the testator may dispose freely and without subjective limitation of one third of his assets.
That is to say, he can dispose in whole or in part of this third in favor of the person who suits him, without it being necessary that they be descendants or relatives.
2) Third of improvement.
The third of improvement is another third of the inheritance which the testator can dispose of to improve one or more of his children or descendants.
Even if it can be considered of free disposition, it is certain that it is destined to favor the children or descendants and never in favor of third parties.
3) Legitimate third.
It is the third part of the inheritance that is reserved by law to the forced heirs or legitimated heirs of the testator.
Regional variations in the thirds