Effetti del conseguimento del legato sul calcolo delle quote di legittima

The case discussed raises the problem of understanding whether the beneficiary who obtains “the legacy in lieu of legitimate” is to be counted in the total number of legitimate heirs for determining each share of the reserve. In the absence of a precise normative indication on this point, it is interesting to show that both doctrine and jurisprudence have taken different orientations on the matter, which allow us to arrive at opposite conclusions of the matter in question.