Questions constantly arise regarding inheritance law – this is one of the most important and, at the same time, problematic issues. It is essential that each of us is informed about the necessary details, so that we can protect and exercise our rights.
– First of all, could you explain what types of inheritance exist?
– According to our legislation, there are two types of inheritance. The transfer of the property of the deceased, i.e., the decedent, to other persons/heirs is carried out in two forms – by law or by will, or on both grounds.
To briefly explain here, in the case of inheritance by law, the transfer of the deceased's property to the persons specified in the law applies when:
• The decedent did not leave a will,
• Or if the will covers only part of the estate,
• Or if the will is declared wholly or partially invalid.
– Who can be heirs?
– Regarding the circle of heirs, we should discuss two directions: inheritance by law and inheritance by will.
In the case of inheritance by law, the circle of heirs includes both persons who were alive at the time of the decedent's death, as well as the decedent's children who are born alive after his death.
In the case of inheritance by will, according to the law, heirs are persons who were alive at the time of the decedent's death, as well as those who were conceived during his lifetime and are born after his death, regardless of whether they are his children.
In addition, it should be noted that a testamentary heir may also be a legal entity; however, one factor must be considered here: in order to receive the estate, the invited legal entity must have already been established at the time the estate was opened.
– Could you explain in more detail what inheritance by will entails – does the testator have any 'privilege' in disposing of property in such a case?
You are correct. Inheritance by will is precisely the testator's right to determine and decide during his lifetime to whom his property will belong after his death.
In the case of inheritance by will, it can be said that the 'privilege' is that, when determining the heir, the testator is not limited in his actions and in realizing his wishes.
– When there is no will, you mentioned that we are dealing with inheritance by law – in such a case, is there any order among the subjects?
Yes, in the case of inheritance by law, the main issue is the determination of the order of heirs. The Civil Code recognizes five orders of heirs:
Heirs of the first order by law are – the deceased's children, the deceased's child born after his death, spouse, parents (including adoptive parents);
Heirs of the second order are the deceased's sisters and brothers;
The third order – grandparents, as well as their parents on both the mother's and father's side. The grandparents' parents are considered heirs by law if, at the time the estate is opened, the grandparents are no longer alive;
Heirs of the fourth order are uncles (mother's/father's brother), aunts (mother's/father's sister);
And the fifth order of heirs by law are – the decedent's cousins (children of uncles and aunts), and in their absence – their children.
Determining the order of heirs by law is important, as the existence of even one heir of a prior order excludes inheritance by subsequent orders.
– It is interesting, what happens if neither the spouse nor the child is mentioned in the decedent's will... in such a case, do they remain without a share?
– That is a very good question. In such a case, they will receive a compulsory share, but it should be clarified that the circle of such persons is limited, and the compulsory share applies only to first-order heirs by law – the deceased's spouse, child, and parent.
As for the amount, the compulsory share must be half of the share that each of them would have received in the case of inheritance by law.
