When the deceased has not left a will, the provisions of the civilian Code decide about the division of assets. The statutory succession determines who first has the right to inheritance and in what proportions. In the article, we explain to whom the property is due, how inheritance shares are shared, and what exceptions are provided for in the law.
Children and spouse – who inherits first?
According to Article 931(1) of the civilian Code, first, the following are appointed:
- children of the heir,
- spouse of the heir.
The property is shared equally between children and spouse, nevertheless the spouse is guaranteed at least 1/4 of the full decrease.
Example 1: Division of inheritance between wife and 2 children
If the heir has left his wife and 2 children, the inheritance is divided into three equal parts - 1 for each of them.
Example 2: Greater number of children – protection of spouse participation
When the deceased had, for example, 4 children, the spouse receives at least 1/4 of the assetsand others 3/4 divided equally between children.
What happens erstwhile the kid of the heir is dead?
If any of the children of the heir did not live to open the fall, his share goes to his own children (grandsons of the heir). It's called. descending inheritance (Article 931(2) KC).
Example: Grandchildren alternatively of a dead child
The heir had a boy who died before him, leaving 2 children. In specified a situation the share of the boy is shared between the grandchildren – each will receive half of this part.
Do you always inherit in equal parts?
The rule of equity applies, but the spouse has peculiar protection – never receive little than 1/4 dropEven if there are more children.
What if she doesn't have children or a spouse?
When the Deceaser He left neither children nor a spouse, the law indicates further groups of heirs:
- parents,
- siblings,
- siblings (e.g. nephew, niece).
These cases are regulated further provisions of the civilian Code and do not concern first succession.
Problems with statutory inheritance – what to watch out for?
Inheritance without will can lead to disputes, especially when:
- include children with different relationships,
- no contact with any heirs,
- is essential complex division of assets.
In specified situations worth consulting with your lawyerthat will aid avoid conflicts and safe the interests of the heirs.
Summary: Who inherits first?
- Children and spouses they inherit in equal parts, but the spouse always receive at least 1/4.
- If the kid of the heir is dead, his participation passes on grandchildren.
- When there are no children or a spouse, the fall falls parents, siblings or their descendants.
If you have doubts about inheritance or request aid with succession, contact a lawyer specialising in inheritance law.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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