Often there is a wrong impression that in case of testamentary the heirs that are not indicated in the will have no right to claim the inheritance. However it is not correct.
Under Article 1194 of the RA Civil Code:
1. A compulsory portion shall be considered the right of an heir to inherit, regardless of the content of the will, at least the half of the portion which would have been allotted to him in case of succession by law.
2. At the time of opening the succession, minor children, as well as children, the spouse, and parents of a testator who have been declared as disabled or having no active legal capacity as prescribed by law or have attained the age of 60, shall have the right to compulsory portion.
As a result of the analysis of the above article it becomes clear that even in the case of a testamentary bequest is not allocated to:
– Testator’s minor children,
– Testator’s disabled children, spouse, and parents
– Testator’s incompetent children, spouse, and parents
– Testator’s 60 years old children, spouse, and parents,
These people have the right at the opening of the will their required their share of the inheritance.
For example, if disabled child of the testator has the right to claim the ½ of heritage according to the law, in this case he/she is entitled to receive the ¼ of the inheritance.
The objective of the aforesaid provision is that legislature aimed to protect the economically vulnerable population.
