Abatement action (reduction of dispositions)

The abatement action allows heirs whose reserved shares are infringed to have the deceased's dispositions exceeding the disposable portion reduced. Beyond wills and appointments of heirs, the lifetime gifts listed by statute and transfers manifestly made to circumvent the reserved-share rules are also subject to abatement.

Reduction follows the statutory order: testamentary dispositions are abated first and, if insufficient, lifetime gifts from the most recent backwards. The calculation is based on the estate as of the date of death together with the add-back transfers, and requires expert examination.

The action is subject to a period running from discovery of the infringement and an outer long-stop. In practice it is often brought in the alternative alongside a collusive-transfer claim in asset-stripping disputes: where collusion cannot be proven, abatement forms the second line of protection.