Legitieme portie

The legitimate portion is a mandatory provision of Dutch succession law designed to protect close relatives against complete disinheritance. It entitles the forced heir to half of the share he or she would have received on intestacy and may be curtailed only in exceptional circumstances.

This safeguard is of particular importance where the testator seeks to benefit third parties or to arrange the distribution of the estate in a manner that would otherwise exclude children or grandchildren. The legitimate portion thereby ensures that such heirs are not entirely deprived of any interest in the estate.

In practice, claims to the legitimate portion commonly arise in cases involving complex family relationships, substantial lifetime gifts or express disinheritance by will. Any such claim must be asserted within five years of the testator’s death.