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Wills, trusts and estates
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Forced heirship is a form of testate partible inheritance which mandates how the deceased's estate is to be disposed and which tends to guarantee an inheritance for family of the deceased.
In forced heirship, the estate of a deceased (de cujus) is separated into two portions.
An indefeasible portion, the forced estate,[a] passing to the deceased's next-of-kin[b] (conjunctissimi).
A discretionary portion, or free estate,[c] to be freely disposed of by will.
Forced heirship is generally a feature of civil-law legal systems which do not recognize total freedom of testation, in contrast with common law jurisdictions.
Normally in forced heirship, the deceased's estate is in-gathered and wound up without discharging liabilities, which means accepting inheritance includes accepting the liabilities attached to inherited property. The forced estate is divided into shares which include the share of issue (legitime or child's share) and the spousal share. This provides a minimum protection that cannot be defeated by will. The free estate, on the other hand, is at the discretion of a testator to be distributed by will on death to whomever he or she chooses.[2] Takers in the forced estate are known as forced heirs.[d]
The expression comes from Louisianan legal language and is ultimately a calque of Spanish sucesión forzosa.
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^Van der Merwe, C. G.; Du Plessis, Jacques, eds. (2004), Introduction to the Law of South Africa, The Hague, Netherlands: Kluwer Law International, p. 172
^Harris, Jonathan (2002). The Hague Trusts Convention: Scope, Application and Preliminary Issues. ISBN 9781841131108.
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formula set out in law, religion, custom or under the terms of a trust Forcedheirship, a form of succession which passes how an estate is to be disposed...
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legal areas Status Capacity Contract Tort Marriage Divorce Property Forcedheirship Hague Trust Convention Enforcement Enforcement of foreign judgments...
Inheritance tax Related topics Advance directive (Living will) Blind trust Forcedheirship Totten trust Other common law areas Contract Tort Property Criminal...
legal areas Status Capacity Contract Tort Marriage Divorce Property Forcedheirship Hague Trust Convention Enforcement Enforcement of foreign judgments...
Inheritance tax Related topics Advance directive (Living will) Blind trust Forcedheirship Totten trust Other common law areas Contract Tort Property Criminal...
Inheritance tax Related topics Advance directive (Living will) Blind trust Forcedheirship Totten trust Other common law areas Contract Tort Property Criminal...
historically associated with English common law, and contrasted with forcedheirship, where part or all of the estate is automatically inherited by the...
legal areas Status Capacity Contract Tort Marriage Divorce Property Forcedheirship Hague Trust Convention Enforcement Enforcement of foreign judgments...
Inheritance tax Related topics Advance directive (Living will) Blind trust Forcedheirship Totten trust Other common law areas Contract Tort Property Criminal...
years. Individuals living on heirs property are at an elevated risk of forced sale and eviction, and may be unable to fully benefit from ownership of...
Inheritance tax Related topics Advance directive (Living will) Blind trust Forcedheirship Totten trust Other common law areas Contract Tort Property Criminal...
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