What is inheritance? Who belongs to the first, second, and third line of inheritance? (Illustration)
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1. What is inheritance?
Inheritance is understood as the transfer of property of a deceased person to a living person, the property left is called an estate.
In which, inheritance is divided into 2 forms:
- Inheritance by will: is the transfer of property of a deceased person to a living person at the disposal of that person while they are still alive (Article 624 of the Civil Code 2015).
- Inheritance according to law: is inheritance according to the line of inheritance, the conditions and order of inheritance are prescribed by law (Article 649 of the Civil Code 2015).
2. Who are the first, second and third line of inheritance?
Inheritance is determined when the inheritance is carried out according to law without passing or without a will left by the deceased.
Specifically, according to Article 651 of the 2015 Civil Code, legal heirs are prescribed as follows:
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- The first line of inheritance includes: wife, husband, biological father, natural mother, adoptive father, adoptive mother, biological child, adopted child of the deceased;
- The second line of inheritance includes: grandfather, paternal grandmother, maternal grandfather, grandmother, biological brother, sister, biological brother of the deceased; the biological grandchildren of the deceased and the deceased are grandfathers, grandmothers, grandfathers, grandmothers;
- The third line of inheritance includes: paternal and maternal great-grandfathers of the dead; biological uncle, biological uncle, biological uncle, aunt, biological aunt of the deceased; biological grandchildren of the deceased and the deceased are biological uncles, biological uncles, biological uncles, biological aunts, biological aunts; great-grandchildren of the deceased, but the deceased is a paternal great-grandmother.
The heirs of the same row are entitled to an equal share of the estate.
The person in the next line of heirs is only entitled to inherit if there is no one in the previous line of heirs because he has died, has no right to inherit, is disqualified from inheriting or refuses to receive the estate.
3. In what cases is the inheritance determined according to the line of succession?
The determination of inheritance takes place only when inheritance is carried out according to law, specifically in the cases specified in Article 650 of the 2015 Civil Code, including:
– There is no will;
- Illegal will;
- The heirs under the will die before or at the same time as the testator; the agency or organization entitled to inherit under the will no longer exists at the time of opening the inheritance;
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– People who are designated as heirs under the will without having the right to inherit or refuse to receive the estate.
In addition, legal inheritance also applies to the following parts of the estate:
- The part of the estate that is not determined in the will;
- The part of the estate related to the part of the will has no legal effect;
- The part of the estate related to the heirs according to the will but they do not have the right to inherit, refuse to receive the estate, die before or at the same time as the testator; related to the agency or organization that is entitled to the estate under the will, but no longer exists at the time of opening the inheritance.
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