Although the testator is free to leave his estate to the people he chooses, there are two legal limitations that must be respected. First: the “legitimate”, which consist in that a part of the assets must always go to the heirs of the deceased, who may be children or descendants, in the absence of children, ascendants, as well as the widower or widower; second: the “hereditary reserves”.
It is a succession legal figure that imposes on a person (reservist) the lien or charge consisting of the goods acquired in certain conditions are destined to make transit, upon his death, to certain people who survive him (reserves).
Highlights the call “ordinary or widow’s reserve“, regulated in article 968 of the Civil Code, which guarantees the children and descendants of the deceased that the assets acquired by him are not transmitted to another family as a result of a subsequent marriage of the widower or widower.
*The answer has been prepared by the law firm Echeandia & Alevito: www.echeandia-alevito.com