A legacy is an inheritance institution by means of which the testator in his will leaves a specific asset or right to a person, who is called the legatee.
In other words, the legatee does not receive the whole inheritance or a percentage of it, but the specific thing that the testator has left.
This legal concept is expressly provided for in Article 668 of the Civil Code, according to which the testator may dispose of his property by way of inheritance or legacy.
Furthermore, Article 660 distinguishes between the heir, who is the universal successor, and the legatee, who is the individual successor.
What is the difference between a legacy and an inheritance?
The difference is that in inheritance only the heirs have to be named, whereas in the case of legatees, it is necessary to specify which part of the estate is left to them (i.e. which specific assets or rights).
What does it mean if an estate contains a legacy?
If an inheritance contains a legacy, it implies that the heirs cannot inherit those assets or rights that have been left to one or more legatees.
Are there any limits to the bequest?
Yes, legacies have to respect the minimum that the forced heirs have to inherit.
Let’s look at an example: a person who is widowed and has a son leaves him as his heir in his will, but bequeaths a flat to a nephew. Well, this bequest will be valid as long as the value of the flat is not higher than the value of the third of free disposal, once the value of the testator’s entire estate and that of the flat is known.
This is so because the son has the right to inherit two thirds of the inheritance, which are the strict legitimate third and the improvement third. But there is another third, which is the free disposition third, which the testator can leave to whomever he wishes.
In this case, the testator has not chosen to leave this entire third to his nephew, but has chosen to leave a flat. Therefore, if the value of the property does not exceed the value of this third, this legacy will be valid.