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Concept of Legitime

Legitime is defined as the portion of the testator's property which the law reserves for certain heirs, known as compulsory heirs. A testator cannot dispose of this part of their estate.

Nature and Rules Governing Legitime

• The law reserves the legitime for compulsory heirs.
• Generally, the testator cannot deprive compulsory heirs of their legitime, except in cases explicitly allowed by law.
• The testator is prohibited from imposing any burden, encumbrance, condition, or substitution upon the legitime. An exception is a condition against partition for a period not exceeding twenty years.
• Compulsory heirs are not obligated to accept their legitimes.

Determination and Impairment

• To determine the legitime, the value of the property left at the testator's death is considered, after deducting debts and charges (excluding those imposed in the will).
• Donations given to children must be charged to the legitime. Collation involves adding certain gratuitous transfers to the hereditary estate for legitime computation.
• Testamentary dispositions (legacy or devise) should not impair the legitime, even if the testator provides they are not subject to collation.
• Testamentary dispositions that impair or diminish the legitime of compulsory heirs can be reduced upon petition.
• Any compulsory heir who receives less than their legitime may demand that it be fully satisfied (completion of legitime).

Legitime of Children

• Legitimate children, legitimated children, and adopted children are included in the class of children and descendants who are compulsory heirs.
• The legitime of each illegitimate child is one-half of the legitime of a legitimate child.
• The total legitime of illegitimate children shall not exceed the free portion of the estate.
• If a surviving spouse concurs with legitimate and illegitimate children, the surviving spouse's legitime must be satisfied first before the legitimes of the illegitimate children.