A portion of a parent's estate reserved by law for children that cannot be defeated by will or other disposition.
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Cases
Uniform Acts
How its tested
Common Examples
6
Will Contest Over Share
Marie left her entire estate to charity in her will. Her son Paul sued under Louisiana law. The court awarded Paul his légitime despite the will's terms.
Disinheritance Attempt Fails
Robert's will omitted his daughter Lisa entirely. Lisa petitioned the probate court. The judge enforced her légitime from the estate assets.
Partial Bequest Upheld
Elena bequeathed only half her property to her two children. The remainder went to a friend. The children received their full légitime by court order.
Inter Vivos Transfer Challenged
Henry transferred his home to his nephew before death. His daughter Claire objected. The transfer was set aside to protect Claire's légitime.
Two sons claimed shares after their mother's death. One son received nothing under the will. Both obtained their légitime from the succession.
Foreign Will Recognition
A Texas resident died owning Louisiana land. His children invoked local rules. The court recognized their légitime rights in the immovable property.
3 common questions
Students Frequently Ask...
Does the légitime prevent a parent from disinheriting a child entirely?
Yes. The légitime reserves a fixed portion of the estate for children that the parent cannot defeat by will.
In which U.S. jurisdiction does the légitime still operate?
Louisiana retains a limited form of the continental légitime drawn from its civil-law tradition.
How does the légitime differ from common-law rules on disinheritance?
Common-law states permit complete disinheritance of children. The légitime forbids it as to the reserved share.
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