P.R. Laws tit. 31, § 2362
Forced heirs are:
(1) Legitimate children and descendants, with regard to their legitimate parents and ascendants, and legally recognized natural children, with regard to their natural or legitimate parents and ascendants.
(2) In the absence of the foregoing, the legitimate parents and ascendants, with regard to their legitimate children and descendants.
(3) The widower or widow, in the manner and extent established in §§ 2411, 2412, 2413 and 2414 of this title. As to his or her right to a portion in usufruct, a widower or widow is a forced heir of the estate of the deceased spouse. Id.
In order to determine the usufruct reserved by law for the widow, the value of the property remaining upon the death of the testator, after deducting all debts and charges, without including therein those imposed in the will, shall be taken into consideration. Id.
A testator cannot condition the enjoyment of the legal portion of his widow. Diaz v. Luciano, 1962, 85 P.R.R. 804.
The widow’s usufructuary quota is the legal portion which the law reserves for the surviving spouse, who is a forced heir. Luce & Co. v. Cianchini, 1954, 76 P.R.R. 155.
History —Civil Code, 1930, § 736; May 14, 1947, No. 447, p. 944, eff. 90 days after May 14, 1947.