How is the legal share calculated?

The calculation of the reserved portion is based on the total valuation of the estate, including all the assets, rights and debts of the deceased. It is a process that requires precision and knowledge of the current inheritance regulations to avoid conflicts and guarantee a fair distribution of the inheritance. Below we explain how the reserved portion is calculated and provide a practical example to help you understand it better.

Step 1: Determine the estate

To calculate the legal share, it is necessary to know the net estate, which is obtained by subtracting the debts and charges of the deceased from the total value of their assets. This figure reflects the actual assets available for distribution among the forced heirs.

Net estate formula:

Assets and rights – Debts and charges = Net estate

This calculation should include:

• Real estate, such as homes, land and properties in general.
  
  
• Personal property, including vehicles, jewelry, artwork, furniture and other valuables.
  
  
• Bank accounts and financial products, such as deposits, investments, shares and investment funds.
  
  
• Debts and obligations, such as mortgages, loans and any liabilities that affect the estate.
  
  

In many cases, the valuation of these assets and liabilities must be carried out with the help of experts, such as appraisers or financial advisors, to ensure a fair estimate that reflects the reality of the deceased’s assets.

Step 2: Determine the portion of the reserved share

The Civil Code establishes that the inheritance is divided into three main parts, each with a specific function within the distribution of the estate.

• The reserved share: This represents one third of the net estate. It must be distributed equally among the forced heirs and the testator cannot freely dispose of this part of the inheritance.
  
  

• The reserved portion: This is also reserved for the forced heirs, but the testator can decide which of the descendants to benefit the most, granting them a larger portion. It is not obligatory to distribute it equally.
  
  

• The freely disposable third: This is the only part over which the testator has full freedom. It can be allocated to any person, institution or organization without legal restrictions. It allows for the inclusion of non-compulsory heirs, such as friends, charitable foundations or associations.
  
  

The distribution of the reserved portion depends on each specific case, so adequate inheritance planning is advisable to avoid disputes between heirs.

Step 3: Apply the distribution according to the forced heirs

Depending on the family configuration of the deceased, the legal share is distributed differently.

• If there are children, the legal share is divided equally among them. If there is a widowed spouse, they are entitled to the usufruct of a part of the inheritance.
  
  

• If there are no descendants but there are ascendants, in the absence of children, the legal share corresponds to the parents or grandparents of the deceased. The proportion varies according to the autonomous community and the testamentary dispositions.
  
  

• The widowed spouse does not inherit a part of the inheritance as property, but is entitled to the usufruct of a fraction of the inheritance. Their percentage of usufruct depends on whether there are descendants or ascendants.
  
  

The correct calculation of these proportions is key to ensuring that the rights of each forced heir are respected without subsequent disputes or challenges.

Case study and example of calculation of legal share

To better understand how the calculation of the legal share works, let’s look at a detailed case study that will serve as a reference in estate planning.

Case study

A deceased person leaves a net estate of 300,000 euros. They have three children and leave a will.

Calculation of the legal reserve:

To determine the net estate, the total assets are taken and the debts are subtracted. In this case, the deceased had no debts, so the calculation would be:

300,000 euros (total assets) – 0 euros (debts) = 300,000 euros

Division of the inheritance into three parts:

• Strict legal: one third of the inheritance, that is, 100,000 euros.
  
  
• Third of improvement: one third of the inheritance, that is, 100,000 euros.
  
  
• Third of free disposal: one third of the inheritance, that is, 100,000 euros.
  
  

Distribution of the legal share

The 100,000 euros of the legal share are divided equally among the three children. Each child receives a minimum of 33,333 euros.

Distribution of the third of improvement

The testator has the option of freely assigning this third to his children. He can distribute it equally, giving an additional 33,333 euros to each one, or he can give a larger portion to one of the children.

Distribution of the freely disposable third

The testator can give it to any person, charity or family member he wishes. They could leave it in its entirety to their surviving spouse, donate it to an NGO or divide it unequally among their children.

If the deceased had not left a will, the legal share and the reserved share would be automatically distributed equally among the children and the spouse would have the right to the usufruct of a part of the inheritance.

This example shows how correct inheritance planning allows for the optimization of the distribution of assets, ensuring compliance with regulations and the wishes of the testator.

Correct calculation of the legal share – Key information for heirs

The calculation of the legal share is a key aspect of inheritance planning and inheritance management, and knowing how it works allows heirs and testators to anticipate possible conflicts and guarantee compliance with current regulations.

Each case can present particularities depending on the existence of forced heirs, wills or specific situations. For this reason, having specialized legal advice is essential to avoid problems and ensure that the inheritance is distributed correctly.

If you need help with inheritance management and the calculation of the legal share, our team of experts in inheritance law is ready to advise you. Contact us and guarantee the correct planning of your assets!