Restrictions on the freedom to dispose of one’s succession by will (reserved portion).
Last update: 10/3/2012
The reserved portion which limits the testator’s right to dispose freely of his/her estate, amounts to half of the legal share in the inheritance for the surviving spouse and the descendants of the deceased. If there are no descendants, the reserved portion passes to the ascendants, that is to say the deceased’s parents.
The beneficiaries of the reserved portion can renounce it after the death of the deceased, by a unilateral declaration by the beneficiary before the Court of First Instance.


