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
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Estate Lawyers Perth, WA anytime.
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