Forced heirship rule

CFA Level III
#1

Usually,

Surviving spouse: 1/3

Children: 1/3

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

#2

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.

#3

yes, community property regime. 50% marital asset.

#4

Does forced heirship rule override the Will?

#5

Yes

#6

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

#7

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?

#8

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