The Compulsory Share and Its Purpose
A will is the primary instrument for distributing an inheritance, yet the law protects certain close relatives regardless of its content: the decedent's children, parents and spouse are entitled, irrespective of the content of the will, to a compulsory share, which must be half of the share that each of them would have received in intestate succession. This means that even a strict will cannot exclude these persons from a minimum participation in the estate — the compulsory share is half of their lawful expectation, and its volume does not shrink because the will disfavours them.
The idea is straightforward: where a will leaves a close relative nothing or very little, the law still limits the testator's freedom and secures a guaranteed minimum for the closest family — and in practice the calculation of that minimum is what most disputes turn on.
Determining the Total Volume of the Compulsory Share
The total volume of the compulsory share is determined from the entire estate, including property earmarked in the will as a legacy or for the performance of some act of general benefit. This detail is decisive: the compulsory share is not calculated only from what the will leaves to other heirs — the calculation base includes the whole estate, together with property assigned as a legacy under the will and assets devoted to general-benefit purposes.
Such an approach prevents artificial reduction of the estate: property assigned to a separate designation or a general-benefit purpose still remains in the calculation base, so every omitted asset immediately diminishes the claim.
Determining Each Heir's Compulsory Share
In determining each heir's compulsory share, account must be taken of all intestate heirs who would have been invited to accept the estate had there been no will; testamentary heirs are not taken into account. The computational logic runs as follows: first the circle of persons who would have been called as heirs under intestate succession is formed, and then the share of each person entitled to a compulsory share is fixed at half of that person's lawful share within this circle.
In practice the number of testamentary heirs and their allotted shares have no effect on the calculation: where the circle of intestate heirs is wide, each lawful share is small and the compulsory share shrinks accordingly, while in a narrow circle each share — and its half — is larger.
The Right to Demand Completion of the Share
Where a person holding the right to a compulsory share has been willed property worth less than half of the share that person would have received in intestate succession, that person may demand the portion by which the share received under the will falls short of half of what would have been received by law. The object of the demand is the difference between what the will gives and half of the lawful share.
This rule also covers the case where the holder of a compulsory share receives nothing at all under the will: the entire half of the lawful share then becomes the object of the demand. If, however, the property received under the will equals or exceeds that half, no further claim arises — the compulsory share is already satisfied.
Refusal of the Compulsory Share
An heir entitled to a compulsory share may refuse to receive it, but such refusal does not increase the compulsory shares of the other co-heirs: the refused share passes to the testamentary heirs. The effect of the refusal is thus directed precisely toward the heirs under the will, not toward other holders of compulsory shares — their position does not improve because of it.
The timing rule matters as well: acceptance of a compulsory share, or refusal of it, must take place within the period established for accepting the estate or refusing it. The decision — to take the compulsory share or to renounce it — must therefore be made within the same deadlines that apply to acceptance of the estate generally.
Frequently Asked Questions on Forced Heirship
Who is entitled to a compulsory share?
The decedent's children, parents and spouse, regardless of the content of the will. The share must be half of what each of them would have received in intestate succession.
From what property is the compulsory share calculated?
From the entire estate, including property earmarked in the will as a legacy or for the performance of an act of general benefit — the calculation base is the whole of the property.
Are testamentary heirs counted in the calculation?
No. Only those intestate heirs are taken into account who would have been invited to accept the estate had there been no will.
What if the property received under the will is less than half of the lawful share?
The person may demand the difference — the portion by which the share received under the will falls short of half of what would have been received by law.
Can a compulsory share be refused?
Yes, but the refusal does not enlarge the compulsory shares of other co-heirs: the refused share passes to the testamentary heirs, and the decision must be made within the period set for accepting the estate.
How We Help on Legal.ge
Compulsory share questions always turn on concrete figures: who stood in the circle of intestate heirs, what the entire estate was, and what half of the lawful share amounts to. The Legal.ge team will help you reconstruct the estate's composition, determine the circle of intestate heirs, calculate the compulsory share, prepare a completion demand and formalize a refusal in good time. Contact us — we will assess your situation and map the next steps.