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The legitimate is a part of the inheritance which the testator can not freely distribute, but is reserved by the law in favour of certain heirs, thus named legitimarios.

The legislator has tried to protect by means of the legitimate the closest relatives of the testator.

Likewise, the testator can not deprive of the legitimate portion nor impose any burden on this portion, apart from the legal usufruct of the widow.

Any waiver or compromise on the future legitimate portion is null and void and the legitimate beneficiaries can claim that portion when the Testator dies, but will have to declare what they received as counterpart of the waiver or compromise.

To determine the legitimate portion the property and rights that remain at the moment of death of the testator must be taken into account, with deduction of debts and burdens.

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