Legal Definitions - portio legitima

Portio legitima is a term used in Roman and civil law that means "lawful portion." It refers to the portion of an estate that must be left to close relatives according to the law. This portion is also known as the inheritance that a given heir is entitled to, and the testator cannot deprive them of it without a special cause.

• John's father passed away, leaving behind a large estate. According to the law, John is entitled to a portio legitima of the inheritance, which cannot be taken away from him by his father's will.
• When Maria's grandmother died, she left behind a will that did not include a portio legitima for Maria's mother. This was not allowed by the law, and Maria's mother was able to claim her rightful portion of the inheritance.

These examples illustrate how portio legitima ensures that close relatives receive a fair share of an estate, even if the testator's will does not include them or tries to exclude them. It is a way to protect the rights of heirs and prevent unfair distribution of assets.