Inheritance law is the set of legal rules governing the inheritance of assets and the settlement of an estate. Some rules are mandatory and cannot be derogated from. Other rules are of regulatory law, which can be derogated from by will. The law not only contains rules for when you yourself leave something after your death, but also for when you receive an estate as a result of someone else's death (succession).
If someone dies without having made a will, the legal rules of succession apply. First, the deceased's spouse and children are his heirs, each for an equal share. If a child died earlier and he or she also had children of their own, then the grandchildren in question come in place of their deceased parent. This is called substitution. Since 2003, statutory distribution has been enshrined in law. This is of regulatory law. It can be deviated from by will.
If there is no spouse, children or grandchildren, the law stipulates that parents, brothers and sisters are the deceased's heirs. Here, too, substitution occurs. If this group also lacks heirs, then the estate is divided in two and one half goes to the deceased's father's family and the other half to the deceased's mother's family.
For more information on inheritance law, please contact us. We will be happy to advise you.
