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question about the free portion in succession?

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boogiezen


Arresto Menor
legacies and devises are taken from the free portion..

can anyone give an example how legacies and devises are taken from the free portion?

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klash


Arresto Menor
boogiezen wrote:legacies and devises are taken from the free portion..

can anyone give an example how legacies and devises are taken from the free portion?

in order to determine the free portion, one must first determine the testator's net estate, assets net of liabilities. Depending on the compulsory heirs left behind, the free portion may vary. Let us assume that the testator leaves behind only 1 legitimate child to succeed in his estate. The legitime of that heir is half the estate in testamentary succession, and the other half is the free portion. Suppose then the testator designates in his will a legacy to a friend, a car worth one fourth of the estate, that is assumed to be taken from the free portion. It all depends upon the dispositions made by the testator.

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lhine


Arresto Menor
hi anyone out there answer this problem on succession.. tnx

testator left a will worth 12M.Instituting his two legitimate child and his friend.. how much is the share of his friend is he entitled to the whole free portion thnks

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jolets


Arresto Menor
my answer would be:

1 Legitimate child 3M = Compulsory heir
2M = Voluntary heir

2 Legitimate child 3M = Compulsory heir
2M = Voluntary heir

Friend 2M = Voluntary heir
12M
basis is article 846

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