Legitimate
The death of a loved one is undoubtedly a huge loss for each of us. After the death of a close relative, sooner or later we will be forced to resolve issues related to inheritance. Donations, divorces, informal relationships, children outside marriage, and many other situations affect who is entitled to inheritance, whether by will or by statute. What if we were left out? The law regulates this issue through the institution of reserved shares.
The reserved portion is a portion of the estate that belongs to the closest relatives of the deceased who have not received the portion of the estate that would be due to them under the Act. A reserved share is a form of protection for the testator’s relatives in the event of their omission by the testator by disposing of their assets.
Who is entitled to the reserved portion?
The reserved portion is intended for immediate family members, namely:
• spouse;
• descendants, ie: children, grandchildren or great-grandchildren;
• parents of the testator;
Who has no right to a reserved share?
Viewed from the testator’s side, he can also protect heirs from claims for legitimacy from his relatives through disinheritance. This is one of the situations when a person, who according to the regulations would be entitled to a reserved share, will not finally receive it.
In addition, persons who have signed a contract with the testator during his lifetime in which they renounced inheritance and those who rejected the inheritance are not entitled to the reserved portion.
A special category of people who will not be able to receive a reserved share are those who are unworthy of inheritance. Each of these cases should be analyzed individually, although the reasons for considering someone unworthy of inheritance are as follows:
• intentionally committing a serious crime against the testator;
• trick or threaten to persuade the testator to draw up or revoke a will, or to prevent him from doing one of these things in the same way;
• deliberate concealment or destruction of the testator’s will, forgery or alteration of his will, or deliberate use of a counterfeit or forgotten will by another person.
Persons who are entitled to a reserved share may renounce it. It should be remembered, however, that this waiver will also apply to children who are renouncing, unless otherwise provided for in the contract.
