In short
When someone discovers they do not appear in their parent’s will, the first thought is usually that the will is worthless. The Code says otherwise. Article 1628 defines the figure: the testator incurs in preterition when they omit to institute one, several or all of their forced heirs. And it fixes when it is measured: the qualification of the preterition is attended to at the moment of the opening of the succession. Not when the will is signed, but when the testator dies. That detail matters, for instance, for a child born after the will was granted. The second paragraph adds a rule often overlooked: the forced heirs of a non-preterited descendant represent them in the decedent’s inheritance. Article 1629 brings the effect, and it corrects the expectation: the preterition of a forced heir does not annul the institution of heir. Furthermore, it entails the division of the legítima among the total of the forced heirs. Plainly: the will stands, and the remedy is arithmetical — the legítima is re-divided among everyone entitled, the omitted person included. Article 1630 covers the neighbouring case, of someone who does appear but receives too little: the forced heir to whom the testator has left, by any title, less than the legítima that corresponds to them, may ask for the complement. Note “by any title”: it counts not only what the will calls an inheritance, but whatever was left by any route. And the remedy is a complement, a topping-up to the proper level, not a new portion. What these three articles do not say is how much that legítima to be completed is: Article 1624 sends that to the rules of intestate succession, which were not read for this guide.
What is it?
They are Articles 1628, 1629 and 1630 of the Civil Code of 2020: what preterition is, when it is measured, what effect it has and when the complement of the legítima may be asked for.
Who can do it?
Whoever is a forced heir and does not appear in the decedent’s will, or appears with less than the law reserves for them.
Requirements
- There is preterition when the testator omits to institute one, several or all of their forced heirs.Verified against the official source
- The qualification of the preterition is attended to at the moment of the opening of the succession.Verified against the official source
- Preterition does not annul the institution of heir, and entails the division of the legítima among all the forced heirs.Verified against the official source
- The forced heir left, by any title, less than their legítima may ask for the complement.Verified against the official source
Documents you need
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Step by step
Step 1: What preterition is
Article 1628: omitting to institute one, several or all of the forced heirs. The Code expressly includes omitting all of them.
Step 2: When it is measured
The same article: the qualification is attended to at the moment of the opening of the succession, not at the granting of the will.
Step 3: Why that moment matters
Because the snapshot that counts is the one on the day of death. A child born after the will was signed is judged by that snapshot.
Step 4: The forced heirs of a non-preterited descendant
Second paragraph of 1628: they represent them in the decedent’s inheritance.
Step 5: The will does not fall
Article 1629: the preterition of a forced heir does not annul the institution of heir. This is the part that corrects the most common expectation.
Step 6: The remedy is arithmetical
The same article: it entails the division of the legítima among the total of the forced heirs. It is re-divided, including the omitted one.
Step 7: If you appear but with too little
Article 1630: the forced heir left less than the legítima that corresponds to them may ask for the complement.
Step 8: “By any title”
The article counts what was left by any route, not only what the will calls an inheritance. The measure is the total received.
Step 9: The complement tops up, it does not duplicate
What is asked for is the shortfall up to the legítima, not an additional portion on top of what was received.
Step 10: How much that legítima is
These articles do not say. Article 1624 sends the calculation to the rules of intestate succession, not read for this guide, so there are no per-person fractions here.
Where to do it
These three articles describe no procedure before any agency and do not mention the court: they fix the effect of the omission and the right to the complement. The Code does not say here before whom the complement is asked, in what form, within what time or at what fee.
How long it takes
What to do if something goes wrong
If you do not appear in the will, the first correction is this: Article 1629 says preterition does not annul the institution of heir. The will stands and what changes is the division, because the same article requires dividing the legítima among all the forced heirs. If you appear but with less than the law reserves for you, Article 1630 lets you ask for the complement, and it counts whatever you received by any title, not only what the will calls an inheritance. Bear in mind preterition is qualified at the moment of the opening of the succession, not when the will was signed. What this guide cannot give you is the figure: how much your legítima is depends on the rules of concurrence of the intestate succession, to which Article 1624 refers and which were not read for this guide. If what happened was not an oversight but an express exclusion with a cause, that is disinheritance and has its own guide. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing leaving a forced heir out voids the will: Article 1629 says it does not annul the institution of heir.
- Thinking preterition is measured at the signing of the will: it is attended to at the opening of the succession.
- Assuming there is preterition only if one person is omitted: Article 1628 includes several and all.
- Believing the complement is an extra portion: it is the shortfall up to the legítima.
- Counting only what was left as inheritance: Article 1630 says “by any title”.
- Confusing preterition with disinheritance: the latter is an express exclusion with a cause.
- Expecting to find in this chapter how much the legítima is: Article 1624 sends it to the intestate succession.
- Forgetting that the forced heirs of a non-preterited descendant represent them in the inheritance.
Frequently asked questions
I do not appear in my father’s will. Is it void?
Article 1629 says the preterition of a forced heir does not annul the institution of heir, and that it entails the division of the legítima among all the forced heirs.
When is it decided whether there was preterition?
Article 1628 says the qualification of the preterition is attended to at the moment of the opening of the succession.
They left me something, but less than my due. What can I do?
Article 1630 says the forced heir to whom the testator has left, by any title, less than the legítima corresponding to them may ask for the complement.
How much is my forced share?
These articles do not say. Article 1624 sends the calculation to the rules of concurrence and order of exclusion of the intestate succession, which this guide did not read.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
bvirtualogp.pr.gov
Last verified
September 11, 2026
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