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    Reserva Maxima and Reserva Minima Explained

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    Nikki Joanne Armecin Lim
    There are two approaches to determining reservable property: 1. Reserva maxima considers as much property as possible from an estate to be included in the legitime share that passes by operation of law. 2. Reserva minima considers every property in an estate to pass partly by operation of law and partly by will, in proportion to the portion of the estate covered by the testamentary disposition. If half of the estate was disposed of in a will, half of each property would pass as legitime and the other half through the will. The reserva minima is considered more balanced as it is less restrictive on heirs and considers both the purpose of reservable shares and allowing freedom of testation

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    Reserva Maxima and Reserva Minima Explained

    Uploaded by

    Nikki Joanne Armecin Lim
    2K views2 pages
    There are two approaches to determining reservable property: 1. Reserva maxima considers as much property as possible from an estate to be included in the legitime share that passes by operation of law. 2. Reserva minima considers every property in an estate to pass partly by operation of law and partly by will, in proportion to the portion of the estate covered by the testamentary disposition. If half of the estate was disposed of in a will, half of each property would pass as legitime and the other half through the will. The reserva minima is considered more balanced as it is less restrictive on heirs and considers both the purpose of reservable shares and allowing freedom of testation

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    There are two approaches to determining reservable property: 1. Reserva maxima considers as much property as possible from an estate to be included in the legitime share that passes by operation of law. 2. Reserva minima considers every property in an estate to pass partly by operation of law and partly by will, in proportion to the portion of the estate covered by the testamentary disposition. If half of the estate was disposed of in a will, half of each property would pass as legitime and the other half through the will. The reserva minima is considered more balanced as it is less restrictive on heirs and considers both the purpose of reservable shares and allowing freedom of testation

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views2 pages

    Reserva Maxima and Reserva Minima Explained

    Uploaded by

    Nikki Joanne Armecin Lim
    There are two approaches to determining reservable property: 1. Reserva maxima considers as much property as possible from an estate to be included in the legitime share that passes by operation of law. 2. Reserva minima considers every property in an estate to pass partly by operation of law and partly by will, in proportion to the portion of the estate covered by the testamentary disposition. If half of the estate was disposed of in a will, half of each property would pass as legitime and the other half through the will. The reserva minima is considered more balanced as it is less restrictive on heirs and considers both the purpose of reservable shares and allowing freedom of testation

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Reserva Maxima and Reserva Minima explained

    Two alternative solutions have been presented:

    One, aptly called reserva maxima because it maximizes the scope of the reserva.
    proposes that as much of the property from the mediate source as is possible should be

    deemed to be included in the part of the estate that passes by operation of law.

    The other solution, espoused by the majority of commentators, is called the reserva
    minima or proporcionai because it considers every property in the prepositus' estate to
    pass to the ascendant partly by operation of law and partly by will, in a proportion
    corresponding to the part of the estate, in relation to the whole, covered by the
    testamentary disposition. Thus, if the prep08itus in his will disposed of the entire free
    portion in favor of the ascendant, one-half of every property would be deemed to pass
    as legitime and the other half, by testamentary succession. Either solution is defensible:
    the maxima is more faithful to the spirit and ultimate purpose of the reserva,' the minima,
    on the other hand, is less oppressive on the ascendant and balances the purpose of the
    reserva with the policy of keeping the legitime unencumbered. In the Philippines, the

    matter is unsettled by jurisprudence, but the minima is the more widely accepted view.

    EXAMPLE: A son received from his mother P200k under her will. He also had properties
    of his own worth 400k. When the son died without issue, he left all his estate [P600k] to
    his father in his will. How much is the reservable property? The legitime of the father in
    his son's estate is P300k [1/2 of 600k]. Under the principle of reserva maxima, since the
    200k legitime of 300k received by the son from his mother can be included or contained
    in his legitime of 300, said 200k is reservable. But under the principle of reserva minima,
    only 1/2 of 200k is reservable, on the theory that only 1/2 of the 200k received by the son

    from his mother went to the father by operation of law.


    The reserva maxima is more in consonance with the original objective of reserva troncal,
    because it subjects to the reservation the largest amount possible. But the reserva
    minima is more just and more equitable, more in line with the philosophy of law of

    socialization of property, and favored by Manresa and Scaevola.

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