Legal Definitions - forced portion

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.