A part of the inheritance that corresponds to the children or descendants is called the so-called strict or short legitimate, which together with the third of improvement and the third of free disposal forms the total of the inheritance in these cases.
In order to know what is the strict or short reserved share, first of all we must know that the reserved share, also called long inheritance, is that part of the inheritance that the testator cannot dispose of freely, as it is reserved by law to certain heirs who are the forced heirs or legitimated heirs.
The percentage of the inheritance that corresponds to the reserved portion depends on who the forced heirs are.
As we have just indicated, depending on who the legitimated heirs are, the long legitimate share will be made up of a certain part of the inheritance. Well, when these heirs are the children or descendants of the deceased, the long legitimate share is made up of two thirds of the inheritance.
Now, these two thirds are divided into:
- The short legitimate share, which is that part of the long legitimate share that has to be distributed equally to all the legitimated heirs.
- The improvement third, which the deceased may distribute as he wishes among children or descendants, and may even leave it entirely to one of them.
The remaining third of the inheritance is the third of free disposal, which the deceased can leave to whomever he wishes, even to persons who are not his heirs by law.
In the event that the testator draws up a will in which the legitimated heirs are left with less than the strict reserved portion, they may request a supplement.
In order to do so, heirs who have been harmed have to initiate an action to claim the reserved portion within 30 years, once they know their share of the inheritance according to the will. However, they can also claim their rightful share during their lifetime.
The action is directed against the heirs to whom the share that would correspond to the legitimated beneficiaries has been left in the will, claiming the amount necessary to complete the strict legitimate share.