Inheritance by Law - Civil Law

Inheritance by Law

The current Civil Code significantly expanded the circle of heirs by law. Currently, eight succession of successors (item 1142-1145 GK)

Heirs are legally called upon to inherit in the following order:

1) children, spouse and parents of the testator;

2) full-blooded and half-brother siblings of the testator, his grandfather and grandmother both on the part of the father and mother;

3) full-blooded and half-siblings of the parents of the testator (uncle and aunt of the testator);

4) relatives of the third degree of kinship (the degree of kinship is determined by the number of births separating the relatives of one from another, and the birth of the testator is not included in this number) - the great-grandparents of the testator;

5) Relatives of the fourth degree of kinship - children of native nephews and nieces of the testator (first cousins ​​and granddaughters) and siblings of his grandparents (grandparents);

6) relatives of the fifth degree of kinship are the children of the grandchildren and granddaughters of the testator (great-great-grandchildren and great-granddaughters), the children of his cousins ​​(cousins ​​nephews and nieces) and the children of his cousins ​​grandparents (uncles and aunts)

7) stepson, stepdaughter, stepfather and stepmother of the testator;

8) incapacitated dependents of the testator in the absence of other heirs by law.

According to paragraph 2 of Art. 1141 GK heirs of one line inherit in equal shares, with the exception of heirs who inherit by right of representation (Article 1146 GK).

If the surviving spouse is summoned along with the other heirs, then the amount of his share in the jointly acquired property during the marriage is first determined, and then the remaining part of the property is divided among the heirs by law, including the surviving spouse (Article 1150 GK).

The law provides for the possibility of inheritance by right of representation. According to Art. 1146 CC share of the heir by law. the deceased before the opening of the inheritance or simultaneously with the testator, passes on the right of submission to his corresponding descendants ("representatives" of this person) in cases when the deceased heir was a heir to some other person, or from the first three queues.

The descendants of the heir do not inherit by right of representation according to the law, deprived of the inheritance by the testator (clause I, article 119 of the Civil Code). as well as descendants of the heir who died before the opening of the inheritance or simultaneously with the testator and who would not have the right to inherit as an unworthy heir (clause 1, article 1117 of the Civil Code).

Citizens belonging to heirs under the law of the second - the seventh queue, incapacitated on the day of opening the inheritance, but not included in the circle of heirs of the queue, which is called for inheritance, inherit by law together and on a par with the heirs of this line, if at least a year until the testator died on his dependents, regardless of whether they lived together with the testator or not. As incapacitated dependents, citizens who do not belong to the circle of heirs by law, but with the additional condition that they lived together with the testator, inherit. In the absence of other heirs by law, the disabled dependents of the testator, not related to such heirs, inherit themselves as heirs of the eighth line (article 1148 of the Civil Code).

The law (Article 1149 GK) traditionally establishes the right to an obligatory share in the inheritance for persons whose interests are most in need of protection when inheriting. This right is possessed by minors or disabled children of the testator, his disabled spouse and parents, as well as the disabled dependents of the testator, who are called to be called to inherit. These persons inherit, regardless of the content of the will not less than half of the share, which would be due to each of them when inheriting by law.

If the exercise of the right to an obligatory share in the inheritance entails the inability to transfer to the heir by will the property to which the heir having the right to an obligatory share did not use the testator during his lifetime, and the heir by will used for residence (apartment house, apartment, living quarters, cottage, etc.) or used as the main source of livelihood (tools, creative workshop, etc.), the court can, taking into account the property status of heirs who are entitled to a duty to reduce the size or to refuse the award (Article 1149 GK).

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