• Sunday, 27 August 2017

    Who Receives the Fortune of a Deceased Person?

    The legacy of a deceased person must be divided according to the rules established by civil law. But there is also the possibility of passing some of the wealth through a deceased testament. In principle, the legacy is shared with the surviving spouse and his children, but other relatives may also be entitled to receive some of the wealth.

    Inheritance is, according to the Civil Code, the transmission of the wealth to a natural person who has died to one or more living individuals. It opens at the time of death, at the last home of the deceased, and may be of two kinds: legal inheritance or testamentary inheritance.



    Matters for Consideration for Deceased Estates

    "The patrimony of the deceased is transmitted by legal inheritance, to the extent that he who leaves the inheritance has not otherwise dispose of the will. Part of the deceased's patrimony may be transmitted by testamentary inheritance and the other by legally inheritance, "the document states, stating that the principal condition to be met is that the heir be alive at the opening of the inheritance.
    The inheritance of a deceased person may, in principle, come to the surviving spouse and to the relatives, as shown in the Civil Code: "The inheritance shall be, in the order and according to the rules laid down in this title, to the surviving spouse and to the relatives of the deceased, Ascendants and collateral as appropriate. Descendants and ascendants have a vocation to inheritance regardless of the degree of kinship with the deceased, and the collaterals only up to the fourth degree included. "

    In the Case of Relatives, the Inheritance is Due in the Following Order:

    ·         First class: descendants (children of the deceased and their offspring in a straight line);

    ·        Second class: privileged ascendants (parents of the deceased) and privileged collaterals (brothers and sisters of the deceased, but also their descendants, up to the fourth degree including the deceased);

    ·         Third class: Ordinary ascendants (ascendant upright relatives of the deceased except his parents);

    ·     Fourth class: ordinary collaterals (the collateral relatives of the deceased up to the fourth degree inclusive, except for the privileged collaterals).

    If they are relatives of the same class, those of the closest (defunct) degree have priority over those of the farthest degree. And the relatives of the same class and the same degree share the inheritance equally.

    In other news, there are some cases where individuals can be considered, under the law, unworthy to inherit the deceased's wealth. Specifically, it is unworthy to inherit, for example, convicted persons for wanting to kill those who leave their inheritance or those who have been convicted for having committed serious acts of physical or moral violence. In these situations, unworthy persons are removed from both the legal legacy and the testamentary legacy.

    Deceased Estate Lawyers - Yours Legal Advisor!


    We Deceased Estate Lawyers Perth, WA perceive the feelings and problems that are associated with the case of a deceased estate. Over many years of expertise as Deceased Estate Lawyers, we have the experience to help you to RE deceased estate. A lot of significantly, we all know that it's equally necessary to manage all probate applications resolve the matter of deceased estate. Therefore, we believe in helping you giving you best solution possible. So, for gaining legal advice on deceased estate matters, kindly contact Deceased Estate Lawyers Perth, WA anytime.

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