In a situation where the testator has removed you from inheritance by disposing of your estate by way of a will, this does not mean that you are not entitled to part of the inheritance share – that is, to the reserved portion.
The circle of persons entitled to receive the reserved share is defined in art. 991 § 1 of the Civil Code, which provides that:
“To the descendants, the spouse and parents of the testator who would be called to inherit from the Act, are due if the entitled person is permanently incapable of work or, if the descendant is entitled to a minor – two-thirds of the value of the inheritance share that would fall to him in statutory succession, in other and in cases – half of the value of that share (reserved share). “
A person entitled to a reserved portion is entitled to an action for a reserved portion pursuant to Art. 991 § 2 of the Civil Code, against testamentary heirs. In the petition for legitim, the person entitled to the reserved portion applies to the testamentary heirs for payment of the reserved portion. The claim in question expires after 5 years from the date of announcement of the will by the Court. It should be remembered that the inheritance mass in calculating the reserved portion also includes his donations, with some exceptions. It may therefore turn out that the assets of the heir at the time of his death were small, while the inheritance mass, from which the preservation will be calculated for the person entitled to the reserved portion, will be much greater. Therefore, it is worth analyzing in every situation the situation regarding the reserved portion, persons entitled to receive the reserved portion and the value of the reserved portion.
