Forced heirship rule


Surviving spouse: 1/3

Children: 1/3

Where is rest 1/3? Via will to distribute? Thanks.

Via testament, yeah. Mind you - this is total estate. And surviving spouse may be subject to jt survivorship (does not include total estate). They’re subject to greater of the two.

yes, community property regime. 50% marital asset.

Does forced heirship rule override the Will?


Thanks…It will be pathetic if you want to leave the money to parents but unfortuantely got clawback from wife and child…

Text says that under community property rights regime, each spouse is entitled to (50%) of the estate earned during marriage. I saw a Schweser example where they used 1/3 for forced heirship, but was 1/3 actually in the text? Can the 1/3 number be different?

Foreced heirship is for total asset instead of marital asset.?