Legal Definitions - disposable portion

Definition: The disposable portion refers to the portion of a person's property that they can freely distribute to anyone they choose through their will.

For example, let's say John has a total estate worth $500,000. He has two children, but he wants to leave a portion of his estate to his favorite charity. John's state's laws dictate that he must leave at least half of his estate to his children, but the other half (or less, depending on the state) is his disposable portion. John can choose to leave that portion to his favorite charity, a friend, or anyone else he wishes.

Another example would be if Sarah has a total estate worth $1,000,000. She has three children, but she wants to leave a larger portion of her estate to her youngest child who has special needs. Sarah's state's laws dictate that she must leave at least one-third of her estate to each of her children, but the other third (or more, depending on the state) is her disposable portion. Sarah can choose to leave a larger portion to her youngest child and divide the rest between her other two children.

These examples illustrate how the disposable portion allows individuals to have more control over how their property is distributed after their death. It gives them the freedom to leave a portion of their estate to someone who may not be a direct family member or to distribute their assets in a way that aligns with their personal values and beliefs.