The legal framework surrounding inheritance reveals that it is not mandatory to distribute assets equally among children. According to the Civil Code, parents have the discretion to favor certain children over others when allocating their estate.
This aspect of inheritance law indicates that only one-third of the estate must be divided equally among heirs. The remaining two-thirds can be distributed at the discretion of the parent, allowing for potential disparities in how children are treated in terms of their inheritance.
The Civil Code specifies that certain portions of the inheritance are reserved by law. These reserved portions are intended to protect the rights of legitimate heirs, such as children, ensuring that they receive a minimum share of the estate. In the absence of direct descendants, other family members may be considered.
The concept of “improvements” in inheritance allows for some children to potentially benefit more than others, as the law permits parents to allocate these advantages. This legal flexibility means that a parent can choose to enhance the inheritance of one child while providing less to another.
In summary, the Civil Code supports the idea that two-thirds of an estate can be assigned based on the parent”s wishes, while only one-third must be equally distributed among heirs deemed as “forced heirs.” This legal structure offers significant autonomy to parents in deciding how their legacy is shared among their children.
