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Conditions placed on your forced share are held as not placed

Last reviewed: September 11, 2026 — VerifiedPoder Judicial

In short

Two short articles protect the legítima from two different attacks: the one coming from the will and the one coming from a paper signed while alive. Article 1626 handles the first. It says the decedent may impose encumbrances on their forced heirs only when calling them to the free-disposition portion, and that encumbrances on the legítima are held as not placed. Note the remedy: the will is not voided, nor is the institution of heir — the condition is erased. And the second paragraph defines encumbrance very broadly, with nine words worth reading in full: any charge, condition, term, mode, usufruct, obligation, prohibition or limitation the testator imposes on the successory title. That catches things that do not sound punitive: leaving the legítima in usufruct is an encumbrance, and so is attaching a date to it. Article 1627 handles the second attack, the advance waiver. It says the renunciation and the agreement on the future legítima are ineffective. And it adds the part that matters most in practice: a forced heir may claim their legítima even if they obtained some benefit for renouncing or agreeing on the future legítima. That is, having been paid something to sign does not close the door on you. What the Code says about the money received is one single thing, and this guide says no more: to the benefit received the rules of donation apply. This should not be confused with repudiating an already-opened inheritance, which is a different figure with its own articles and its own guide. Article 1627 speaks of the future legítima, that of someone still alive.

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What is it?

They are Articles 1626 and 1627 of the Civil Code of 2020: the ban on encumbering the legítima, the broad definition of encumbrance, and the ineffectiveness of waiving the future legítima.

Who can do it?

Whoever is a forced heir of someone living or deceased, and whoever is drafting a will and wants to know how far they may attach conditions.

Requirements

Documents you need

Cost

Check the current cost with the official agency.

Step by step

  1. Step 1: Where the testator may attach conditions

    Article 1626: they may impose encumbrances on their forced heirs only when calling them to the free-disposition portion. There they have room.

  2. Step 2: And where they may not

    On the legítima, not. The same article says encumbrances on the legítima are held as not placed.

  3. Step 3: The remedy: the clause is erased

    “Held as not placed” does not void the will or the institution of heir: it removes the charge and leaves the rest standing.

  4. Step 4: What counts as an encumbrance

    Second paragraph of 1626, nine words: any charge, condition, term, mode, usufruct, obligation, prohibition or limitation the testator imposes on the successory title.

  5. Step 5: The breadth is the point

    Leaving the legítima in usufruct is an encumbrance. Attaching a term is too. The clause need not sound punitive.

  6. Step 6: Waiving in advance does not hold

    Article 1627: the renunciation and the agreement on the future legítima are ineffective. It speaks of the future legítima, that of someone still alive.

  7. Step 7: Even if you were paid to sign

    The same article: a forced heir may claim their legítima even if they obtained some benefit for renouncing or agreeing on the future legítima.

  8. Step 8: What happens with that benefit

    The Code says one single thing: to the benefit received the rules of donation apply. It does not say it must be returned, and neither does this guide.

  9. Step 9: Not the same as repudiating an inheritance

    Repudiating an already-opened inheritance is a different figure, with its own articles and its own guide on this site. Article 1627 deals with the future legítima.

  10. Step 10: What these articles do not say

    They do not say who decides a clause is an encumbrance or before whom it is raised, nor what happens to the rest of a clause when part is erased. This guide does not assume it.

Where to do it

These two articles describe no procedure before any agency and do not mention the court: they void clauses and waivers in advance. The Code does not say here before whom the matter is raised, and this guide does not invent it.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

If the will leaves you your share but with conditions — a term, a usufruct in another’s favour, a ban on selling — check first whether that clause falls on your legítima or on the free-disposition portion. If it falls on the legítima, Article 1626 says it is held as not placed, and its second paragraph defines encumbrance with nine words that reach much further than people expect. If what exists is a paper you signed years ago waiving the inheritance of someone still alive, Article 1627 declares the renunciation and agreement on the future legítima ineffective, and adds you may claim your legítima even if you received something in exchange. About that something the Code says only that the rules of donation apply to it: it does not say it must be returned, and we do not say so here. Take care not to confuse this with repudiating an already-opened inheritance, which is a different matter. These articles do not say before whom any of this is raised. MiPRFácil does not represent anyone in court and gives no legal advice.

Common mistakes

  • Believing a condition on the legítima voids the will: Article 1626 only holds the encumbrance as not placed.
  • Thinking an encumbrance is only a debt or a financial charge: the Code names nine cases, including usufruct and a mere term.
  • Accepting the legítima being left in usufruct: that is an encumbrance on the legítima.
  • Assuming the testator may attach no conditions at all: they may, on the free-disposition portion.
  • Treating as valid a waiver signed while the decedent was alive: Article 1627 declares it ineffective.
  • Believing that having been paid to renounce closes the door to claiming: the same article says it does not.
  • Taking for granted that what was received must be returned: the Code says only that the rules of donation apply.
  • Confusing the waiver of a future legítima with repudiating an already-opened inheritance.

Frequently asked questions

The will attached conditions to my share. Do they hold?

Article 1626 says encumbrances on the legítima are held as not placed, and that the decedent may impose them only when calling the forced heir to the free-disposition portion.

What counts as an encumbrance?

Article 1626 says an encumbrance is any charge, condition, term, mode, usufruct, obligation, prohibition or limitation the testator imposes on the successory title.

I signed a waiver of my parents’ inheritance while they were alive. Does it hold?

Article 1627 says the renunciation and the agreement on the future legítima are ineffective.

I was paid to sign that waiver. May I still claim?

Article 1627 says a forced heir may claim their legítima even if they obtained some benefit for renouncing or agreeing on the future legítima, and that the rules of donation apply to the benefit received.

Official sources

These are the government pages this guide is based on.

Last verified

September 11, 2026

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