How is the inheritance divided

The Civil Code states that inheritance primarily includes parents, spouse and children of the deceased. In this case, the grandchildren act as heirs by the right of representation - in the order of inheritance by law in the event that the direct heir did not manage to accept the property due to death. In the second stage are the brothers, sisters and their children, as well as grandparents from the father or mother. The third phase includes the uncle and the aunt of the testator, as well as cousins. It is worth noting that the heirs of the same line receive property in equal shares.
If there are no heirs of the first, second and third stages, the right to receive property passes to relatives of the third, fourth or fifth degree of kinship - great-grandfathers, great-grandmothers, children of nephews, great-uncle and grandmothers, children of great-grandchildren, great-nephews, great-uncle and aunts.
If the deceased leaves a will, it usually states what percentage of the property passes to which of the heirs.If there is no corresponding mention in the will, the shares of the heirs become equal.
There is also the concept of compulsory and matrimonial share - even if the heir to the first stage or spouse (spouse) is not mentioned in the will, they are entitled to their share. For example, if the testator's apartment was bequeathed entirely to her daughter, but was acquired in marriage, the spouse is entitled to half of the apartment.
The heir, who has the right to an obligatory share, receives at least half of the property that could be transferred to him during inheritance according to the law. If there is no allocation of a mandatory or matrimonial share, the heir of the will receives everything that he has been bequeathed.

Date: 10.10.2018, 13:11 / Views: 64173

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