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LSDefine

Simple English definitions for legal terms

forced portion

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A quick definition of forced portion:

Forced Portion: A forced portion is a part of a person's property that their children (and sometimes other heirs) are legally entitled to receive, regardless of what is written in the person's will. This means that the children cannot be denied this portion without a good reason. In Roman law, the forced portion was one-fourth of the share that the person would receive if they died without a will. It is also called a legal portion, legitimate portion, or legitime.

A more thorough explanation:

Definition: Forced portion, also known as legitime, is the part of a deceased person's property that their children (and sometimes other heirs) are legally entitled to receive, regardless of what is stated in the will.

In civil law, the legitime cannot be denied to the children without a valid legal reason. In Roman law, the legitime was one-fourth of the claimant's share on intestacy.

Examples:

  • John's will stated that his entire estate should go to his wife, but his two children are entitled to their forced portion, which is a portion of his estate that they cannot be denied.
  • Even if a parent disinherits their child in their will, the child may still be entitled to their forced portion under the law.

These examples illustrate how forced portion works in civil law. Even if a deceased person's will states that their property should go to someone else, their children (and sometimes other heirs) have a legal right to receive a portion of the estate.

forced pooling | forced resettlement

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