State Act

Portuguese Civil Code, 1867

Article 1785 - Claim of legitimate and illegitimate descendants to the indisposable portion - When the testator has, at the same time, legitimate or legitimated children or their descendants with right of representation and children legitimated by recognition or their descendants with a right of representation, the following shall be observed:- 1. Where the children legitimated by recognition were already so recognised at the time when the testator contracted marriage from which he had the legitimate children, legitime of the former shall equal the legitime of the latter less one third; 2. Where the children are legitimated by recognition after the marriage is contracted, their legitime shall not exceed the legitime of the others less one third calculated as per Clause 1, and shall be paid only from the disposable portion of the inheritance, and the dispositions or gifts made prior and subsequent to the legitimation by recognition to the detriment of such legitime shall be inofficious as per the general rules.