Abstract
Abstract The expression ‘forced heirship’ is a shorthand often used to refer to those systems of inheritance law that, unlike English common law-based systems, very substantially limit testamentary freedom, specifically by operating to prevent lifetime and/or testamentary dispositions made by the deceased from disinheriting certain family members, either completely or by reducing their interest in the estate below a certain threshold. This is forced heirship in the true sense, which is to be contrasted with the statutory limits on testamentary freedom in England and other common law jurisdictions noted below.
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