The forced share (legitieme portie) is not a right to assets

The forced share (legitieme portie) is half of the intestate share. Art. 4:63 BW and the articles that follow make it a monetary claim. No right to a particular house. No right to a particular jewel. No right to point to a chair from the household contents and take it away because the forced share would cover that. In the file the forced share therefore stands as a monetary claim. It does not stand as an allocation of an entry in the estate inventory to the person entitled to the forced share (legitieme portie).

A wish to receive the ring or the house belongs elsewhere, if that wish exists. A will can contain a legacy. An agreement between heirs can contain a division of things. Those are rules other than the forced share (legitieme portie). The file keeps them apart. The ring remains an asset with its own fate. The forced share remains a sum of money. Whoever links the two without a document makes the file say something the statute does not say.

The claim belongs to a person, with the forced share (legitieme portie) as its basis. It states whether the share has been invoked, because without an invocation it is not a fixed entry. The amount stays empty until there is a calculation with a source. Half of the intestate share is the measure, not a figure the software itself rounds off. Debts and gifts can affect the estate mass. What of that is not in the file is not estimated in. An empty amount stays empty.

A person entitled to the forced share (legitieme portie) who is also an heir has two roles if the documents say so. One role is the share of the estate, a fraction of the estate. The other role is the forced share, a monetary claim insofar as it is in issue. Do not fold those roles into a single percentage. A person entitled to the forced share who is not an heir does not stand as co-owner of the house. The house can remain in the estate inventory while the forced share is a money rule.

Ervazo records the monetary claim and allocates no house and no jewel on the basis of the forced share (legitieme portie). The program draws up no deed and makes no payment. It does not calculate by way of advice. A wished-for object does not acquire an owner through this entry. The civil-law notary, the court or the Dutch Tax Administration (Belastingdienst) decides the specific case. A wished-for object remains a wished-for object until a document gives another basis for it.