Inheritance Law: Understanding Article 894

Article 894: Exploring the Distribution of Estate

Article 894 discusses the distribution of the estate of a deceased individual, addressing the share of illegitimate children and the surviving spouse. But where exactly will their share come from?

Final answer:

In Article 894, which pertains to the distribution of the estate of the deceased, the share of illegitimate children and the surviving spouse shall be taken from the free portion of the estate.

Explanation:

Article 894 likely refers to a legal provision or code in a specific jurisdiction, but it does not specify which legal system or country it is from. However, in many legal systems, including civil law jurisdictions, there is a concept of the "free portion" or "disposable portion" of a deceased person's estate.

Estate Distribution: When a person passes away, their estate includes all their assets, such as property, money, and possessions. This estate is typically distributed among the heirs and beneficiaries according to the law.

Legitimate Heirs: Legitimate children and the surviving spouse are typically entitled to a specific share of the estate, often referred to as the "legitime" or "mandatory portion." This portion is protected by law and cannot be freely disposed of by the deceased.

Free Portion: The remaining portion of the estate that is not designated for legitimate heirs is known as the "free portion." This part can be disposed of as the deceased wishes, usually through a will or other legal means.

So, in Article 894, it specifies that the shares for illegitimate children and the surviving spouse will be taken from this free portion of the estate.