Forced share of inheritance in Romania
The forced share is the part of an estate that the deceased cannot dispose of by will or gift, reserved by law for protected heirs.
Definiţie
Forced share in Romania
Under Romanian succession law (art. 1.086-1.099 Civil Code), descendants, parents and the surviving spouse are "reserved heirs" entitled to a forced share of the estate. The forced share is half of the legal cota that each would have received in the absence of any will or lifetime gifts. The remaining half is the disposable portion, which the deceased may freely allocate by will or gift.
If a will or gift exceeds the disposable portion, reserved heirs may sue to reduce the excessive liberalities, starting with legacies and proceeding to gifts in reverse chronological order. The action is time-barred 3 years from the moment they learned of the gifts. Renouncing the forced share before the death is void.
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