Information AboutLegitime |
| CATEGORIES ABOUT LEGITIME | |
| property law | |
| civil law legal system | |
| inheritance | |
| SHOPPER'S DELIGHT | |
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At Common Law , there is no legitime; the Statute of Wills , 32 Hen. VIII c. 1, provided for the unfettered distribution of a decedent's entire estate; a Testator is entitled to disinherit any and all of his children, for any reason and for no reason. Most jurisdictions in the United States have enacted statutes that prohibit a testator from disinheriting a Spouse , or provided that in the event of such a will the spouse may Elect To "take Against The Will" and claim a statutory share of a decedent's estate. This is done as a substitute for the common law rights of Dower and Curtesy . In Louisiana , up until recently, the situation was different. In Louisiana the ''legitime'' operated to prevent a parent from wholly disinheriting his children, who were called ''forced heirs''. If there was one child, that child must receive at least 25% of the decedent's estate. If there were two or more children, they must receive at least 50% of it among themselves. Similar provisions prevented a decedent with living parents from disinheriting them. Current Louisiana law provides for a forced share if the decedent's children are under 24 years of age, or are permanently unable to take care of themselves. EXTERNAL LINKS
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