If the heirs with rights to the reserved share are intentionally omitted by the testator (preterición intencional) in the disposition of assets upon death, such heirs retain the right to claim it from the heirs included in the last will, with the possibility of claiming the clawback of gifts given during life or disposition of assets upon death that diminish the reserved share.

However, if the disposition of assets upon death unintentionally fails to mention the heirs with a reserved share ( preterición errónea), one of the following will be the consequence: