Payment of the forced heirship share (legítima)

The payment of the forced heirship share (legítima) is the act by which the minimum portion of an estate that the law reserves for certain compulsory heirs, known as legitimarios (for example, children, spouse or parents and other ascendants), is handed over or settled. This portion is mandatory and cannot be reduced or removed by the testator's wishes, ensuring that these heirs receive a minimum share of the deceased's assets.

At the notary's office, the payment of the legítima is formalised to ensure compliance with this legal obligation and to provide legal certainty for all parties involved.

What is the payment of the legítima for?

• Ensuring that compulsory heirs receive their minimum legal share of the inheritance
• Avoiding legal disputes caused by an unfair distribution of assets
• Complying with legal and testamentary provisions in a fair and lawful way
• Providing legal certainty for the succession and the division of assets

What does the notary do in the payment of the legítima?

1. Advises heirs and executors on their rights and obligations regarding the legítima
2. Drafts and formalises the documents required for the payment or delivery of the legítima
3. Authorises public deeds (escrituras públicas) formalising the transfer and allocation of the relevant assets
4. Keeps the documents in safe custody and provides certified copies to those concerned
5. Facilitates legal compliance and the correct distribution of the estate

Features and requirements of the payment of the legítima

• The beneficiaries are compulsory heirs recognised by law: children, spouse, ascendants, according to current legislation
• The legítima is a legally protected minimum portion that must always be respected
• Payment may be made by handing over assets or their value in money
• It may be carried out as part of the division of the estate or through specific acts authorised by a notary
• Payment must be made so that the legitimarios can freely dispose of their inheritance

Important legal aspects

• The legítima cannot be waived and cannot be affected by testamentary provisions
• If the deceased made gifts during their lifetime, these may affect the calculation and payment of the legítima
• Failure to pay the legítima may give rise to legal action to claim it
• The notary ensures that the payment complies with the law and the rights of the legitimarios

Legal value

Payment of the legítima formalised in a public deed before a notary is fully legally valid and ensures that the rights of compulsory heirs are respected and fulfilled in accordance with the law.