Regulations on inheritance under the Civil Code

Under the provisions of the Civil Code, inheritance means the transfer of property of a deceased person to a survivor, the property left is called the estate. The testamentary inheritance is the transfer of inheritance property of a deceased person to a survivor according to his or her judgment when alive.

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The Civil Code 2015 regulates the division of inheritance in the following cases:

First, divide the will by inheritance:

A will is the expression of the will of an individual to transfer his property to another person after death. Under the provisions of Article 659 of the Civil Code 2015 on the division of estate under testament is as follows:

Regulations on inheritance under the Civil Code

The division of the estate is done according to the will of the will; If the testament does not clearly identify the part of each heir, the estate shall be divided equally to the persons designated in the testament, unless otherwise agreed upon. In cases where the testament identifies the division of the inheritance in kind, the heir shall be entitled to receive the object together with the yield or profit from the object or be subjected to the value of the object to be reduced by the time division of heritage; If the object is destroyed due to another person's fault, the heir shall be entitled to claim damages. In cases where the testament only determines the division of the estate according to the ratio of the total value of the estate, this percentage shall be calculated on the value of the inheritance block at the time of division of the estate.

In principle, the inheritance will be divided according to the will of the person leaving the will, except as provided in Article 644 of the Civil Code 2015. "Article 644. The heirs shall not depend on the contents of testament:

1. The following persons shall still be entitled to part of the inheritance of two-thirds of the heirs' heirs at law if the estate is divided according to law, if he / she is not permitted by the testator to inherit the estate or only enjoy less than two thirds of the estate:

a) Minor children, parents, spouses;

b) Adolescents without working capacity.

2. The provisions of Clause 1 of this Article shall not apply to persons who refuse to receive the estate according to the provisions of Article 620 or they are not entitled to inheritance under the provisions of Clause 1, Article 621 of this Code. "

Therefore, in the case where the testator does not give a minor child, a parent, spouse or minor child without the ability to work for the estate or for whom he or she is entitled to less than two thirds of the a heir at law, he or she shall still be entitled to a part of the estate of two thirds of the heirship at law if the estate is divided according to law without depending on the content of the will.

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Second, the inheritance under the law:

Inheritance at law is the inheritance according to the inheritance line, conditions and order of inheritance prescribed by law. According to Article 650 of the Civil Code 2015, the cases of inheritance under the law include:

"1. Inheritance at law shall apply in the following cases:

a) No will;

b) An unlawful will;

c / Testamentary heirs die before or die at the same time as the testators; The agency or organization that inherits the testamentary inheritance no longer exists at the time of opening the inheritance;

d / Persons named as testamentary heirs without the right to inherit or refuse to receive the estate.

2. Inheritance at law shall also apply to the following estate parts:

a / The estate part is not disposed of in the testament;

b / The part of the estate related to the part of the testament which has no legal effect;

c / The inheritance part relates to the testamentary heir but has no right to inherit, refuses to receive the estate, dies before or dies at the same time with the testator; related to the agency or organization enjoying the estate under testament but no longer exists at the time of opening the inheritance. "

The division of inheritance according to law is carried out in accordance with Article 660 of the Civil Code 2015, according to which: When the inheritance division, if any heir in the same line was pregnant but not yet born, Partial inheritance is equal to that of another heir if the heir is still alive at birth; If he dies before birth, other heirs are entitled. The heirs have the right to request the division of the estate in kind; If inequality can not be shared, the heirs may agree on the valuation of the object and the agreement on the recipient of the object; If not agreed, the artifacts are sold for distribution.

The legal heirs are prescribed in the following order:

a / First serial inheritance: spouse, natural father, mother, foster father, foster mother, biological child, adopted child of the deceased;

b / Seconds of inheritance include grandparents, paternal grandparents, maternal grandparents, siblings, siblings of the deceased; the grandchild of the deceased was the grandfather, grandfather, grandfather, grandmother;

c / Thirds of inheritance include: internal organs, foreign bodies of the deceased; uncle, intestines, intestines, intestines, aunts intestines of the dead; nephew of the deceased person; the deceased is the uncles, uncle, intestinal anesthesia, intestinal aunt; The intestines of the dead are the dead, the internal organs, foreign.

Successors of the same line enjoy the same inheritance. Those who inherit the following inheritance only inheritance, if none of the previous inheritance is due to have died, have no right to inheritance, are deprived of the right to inherit or refuse to inherit.

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