How legitimes in inheritance are calculated

Few issues generate as many conflicts within a family as the distribution of an inheritance.. When a person dies, the will—if there is one—reflects your will, but this is not completely free: The law imposes certain limits to protect the rights of the closest relatives. That part reserved by law is called legitimate.

The legitimate guarantees that some heirs, known as forced heirs, always receive a minimum portion of the inheritance, even if the testator wanted to dispose of his assets in another way. But how is this legitimate? Who does it correspond to and in what proportion? We are going to explain it clearly and with practical examples..

What exactly is legitimate

The legitimate is a part of the deceased's assets that the law obligatorily reserves for certain family members.. The objective is to prevent a person from freely disinheriting their descendants, ascendants or spouse without justified cause.

The article 806 of the Spanish Civil Code defines it like this:

“The legitimate is the portion of property that the testator cannot dispose of because the law has reserved it for certain heirs.”, “forced calls”.

This means that, although a person has complete freedom to write his will, cannot deprive his forced heirs of that minimum part, except in very specific cases of justified disinheritance (For example, abuse, abandonment or serious lack of relationship).

Who are the forced heirs

The law clearly establishes who the beneficiaries of this legal reserve are.. These are three groups, in order of preference:

Children and descendants regarding their parents and ancestors.
In the absence of children, los parents and ascendants regarding their children and descendants.
The widowed spouse, who has the right to a portion of usufruct over the inheritance.

Therefore, If a person dies leaving children, They will be the main forced heirs. If you don't have children, parents will be. And if there are neither descendants nor ascendants, the law protects the widowed spouse.

How the legitimacy of children and descendants is calculated

The most common case is that of a person who dies leaving children behind.. In this case, global legitimacy is equivalent to two thirds of the inheritance, although with nuances:

One third of strict legitimate: It is the part that is distributed equally among all the children.
One third improvement: the testator can assign it, if you want, to benefit one or more of their children or descendants.
One third freely available: On this third the testator can freely dispose, that is to say, leave it to whoever you want, whether or not it is familiar.

In practice, If someone has three children, the strict legitimate is divided into three equal parts, one for each child. The third improvement can be granted entirely to one of them - for example, whoever cared for the testator in his last years—, and the third of free disposal can be left to anyone, even outside the family.

This scheme combines protection and flexibility, since it guarantees a minimum to each heir, but leaves room to reward or compensate whoever the testator considers appropriate..

The legitimate rights of parents and ascendants

If the deceased has no children or descendants, The law reserves the legitimate power to the parents or ascendants. In this case, the legitimate is calculated differently:

If they live both parents, the legitimate is equivalent to half of the assets.
If you live just one of them, corresponds a third part.

The rest of the inheritance can be distributed freely, as long as that reservation is respected.

For example, If a single person without children dies, leaving only his mother alive, The mother has the right to one third of the estate as legitimate. The rest can be allocated to whoever the deceased has chosen in his will..

The right of the widowed spouse

The widowed spouse also has special protection, but his right is not to a specific part of the property, but to a usufruct about part of the inheritance. That is to say, can enjoy the goods (use them or receive their income) during his life, even if he is not its owner.

The portion of usufruct that corresponds to you depends on whether there are other forced heirs:

If the deceased leaves children or descendants, The spouse has the right to usufruct of the third improvement.
If there are no descendants, but if parents or ascendants, the usufruct falls on the half of the inheritance.
If there are no descendants or ascendants, the spouse has the right to usufruct of two thirds.

This right can be commuted, that is to say, exchange for financial compensation or the delivery of specific goods, as long as there is agreement between the heirs.

How the value of the legitimate is calculated

Calculating the legitimate part of a key concept: the hereditary mass. It is the total value of the deceased's estate, but it is not enough to add assets and subtract debts. The law requires a more detailed process:

Se They value all assets of the deceased (estate, money, investments, vehicles, jewelry, etc.).
Se debts and charges remain earrings.
Se add donations what the testator would have done in life, since they are considered an advance of the inheritance.

The legal proportions of legitimacy are applied to the result of this calculation..

For example, If the net worth amounts to 300.000 €, the strict legitimate of the children would be 100.000 €, the improvement of others 100.000 €, and the third freely available 100.000 remaining €.

Can a forced heir be disinherited??

The general rule is that no, except in cases stipulated by law. The testator can exclude a forced heir only for serious reasons, like being denied food, mistreatment or insults. These causes must be clearly expressed in the will and, if the heir contests, It will be a judge who decides.

That's why, although the legitimate is sometimes perceived as a limitation on the freedom of will, It also acts as a family justice mechanism. Ensures that the most direct links are not completely left behind.

The inheritance system seeks a balance between personal freedom and family protection. Allows each person to organize their assets as they wish, but without forgetting that the children, parents or spouse have rights that the law preserves.

That's why, before writing a will or accepting an inheritance, It is advisable to know how these legitimate amounts are calculated and what effects they have on the final distribution. Mistakes or misunderstandings can lead to family conflicts and long and costly litigation..

If you want to delve deeper into the legal aspects of legitimate, You can consult the official information about inheritances and successions in the Spanish Administration, a reliable source that explains the rights and procedures applicable in these cases.

On our website Inheritance Lawyer You will find all the information and legal support you need to resolve your case with peace of mind..

You may also be interested in this article: Why you should consult with an inheritance lawyer in Sabadell, Badalona and Terrassa?