12 December 2019

Not often, the most difficult and complex processes are carried out between relatives, because the sentimental contribution is much higher and concessions are much harder to do in these situations. On this occasion, we bring to your attention the concept of RESERVED SHARE.

THE RESERVED SHARE is that part of the legacy to which the reserved heirs have the right, even against the will of the deceased. In this case, due to the deep connection with the deceased, the law gives to the surviving spouse, children and to the deceased’s parents the vocation to legacy, as heirs reserved, even if the deceased would like them to receive nothing of his estate.

For example, X wants to leave his entire legacy to his children A and B and to exclude his wife, S, from the legacy. Under these circumstances, X leaves a will designating the sole heirs only A and B. However, according to the legal provisions, X can’t exclude his wife from the legacy, since he is entitled to benefit from the RESERVED SHARE and, consequently, regardless of the will of the husband X, S will benefit from half (½) of the legacy share that would normally have been owed to him (¼), meaning he will be entitled to a share of 1/8 of the legacy.