Article 1149: Right to a compulsory share in the inheritance

1. The minor or disabled children of the heir, his incapable spouse and parents, as well as the incapable dependants of the heir, who are to be called upon to inherit on the basis of and paragraphs 1 and 2 of article 1148 of the present Code shall inherit, regardless of the content of the will, not less than half of the share that would have been due to each of them in the case of legal succession (compulsory share), e. 2. The right to a compulsory share in the inheritance shall be satisfied from the remaining unencumbered portion of the estate, even if this results in a reduction in the right to a compulsory share of the estate. The right of other heirs under the law to this part of the property and, in the event that there is not sufficient intestate for the exercise of the right to a compulsory share, to the portion of the property which is bequeathed. 3. The compulsory share shall include all that the heir who is entitled to such a share receives from the inheritance on any basis, including the value of the heir appointed in favour of such an heir. 4. If the exercise of the right to a compulsory share of the inheritance results in the inability to transfer to the heir, by will, the property to which the heir entitled to the right to be bound In the course of the estate, the heir did not use a share of the estate, and the heir used the will to live (housing, apartment, other accommodation, gift, etc.) or used as a means of living. The main source of livelihood (hardware, creative workshop, etc.), the court may, taking into account the property situation of the heirs entitled to a compulsory share, 5. The heir who is entitled to a compulsory share and who is the beneficiary of the inheritance fund loses the right to be bound If such heir, within the time limit set for the inheritance, declares to the notary in charge of the inheritance the waiver of all rights of the beneficiary of the inheritance fo If the heir has waived the rights of the beneficiary of the inheritance fund, the court may reduce the amount of the compulsory share. If the value of the property due to him as a result of the inheritance substantially exceeds the amount of money required for the maintenance of the citizen, taking into account his reasonable needs and the inheritance of third parties, as well as the average cost and standard of living before the death of the heir.