Legal tip 43. What is the "legitima" for Spanish probate Law?
Friday, February 13, 2009 @ 11:00 AM
In Spain, a testator can decide on who will inherit 2/3 of his goods after his death. The other 1/3 is reserved by Law to the obligatory legal heirs. This 1/3 is " el tercio de legítima" ( Third for legitimate heirs or third of forced heirship)
This comes, of course, from Roman Law, where all social system relied on the institution of family.
Just Modern England and the United States have complete freedom of disposition as they are submitted to a different system:Common Law System.
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