In the event of the death of a person, his or her property belongs to heirs whose will is established or on the basis of statutory succession. But what happens erstwhile a erstwhile spouse dies? Is there besides a right to inherit the inheritance? Explain.
Can you inherit from a dead ex - spouse?
It turns out that it is impossible to inherit an ex - spouse due to the fact that it concerns a situation where a court has ruled divorce or separation. In specified a situation, it is not possible for the individual afraid to receive a inheritance from the deceased ex-wife as part of a statutory succession. any of the property may inherit children.
If the heir has applied for divorce or separation from the spouse's responsibility and this request was justified, then the spouse may be excluded from the succession in accordance with Article 940 of the civilian Code.
Importantly, there is simply a anticipation of inheriting inheritance from the deceased ex-wife only if he left a will in which he identified the erstwhile spouse as the heir to inherit all or part of the succession mass.
What is statutory inheritance?
Legislative succession is simply a way of dividing inheritance by the deceased erstwhile she has not left a will, or this paper has been declared invalid or has not covered the full succession mass. According to the civilian Code, the inheritance is then divided according to a certain order, with precedence for the spouse and children of the deceased. In the absence of children, the inheritance goes to the spouse and parents of the deceased, with parents receiving a 4th of the full inheritance. Further, the inheritance may be passed on to the grandparents of the heir or their descendants, and yet to the municipality of the deceased's last residence or Treasury.
Inheritance from the deceased based on the will
The Testament is simply a paper in which the heir decides to order his property in the event of death. The persons indicated in it do not request to be related to the inheritance, and the will may include various types of entities, including charities. Usually, a will is made with the engagement of a notary, which gives it the form of a notarial act.
Dear reader, we remind you that all legal matters in this substance we compose about can be complicated and frequently require the aid of a lawyer. It's worth discussing it with a lawyer before taking legal action.
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Attention! This article should be considered as a clue, a hint, not a prescription, how to solve your own problem. The legal opinion has no binding power for offices, courts, so we urge that legal matters be consulted straight with a lawyer. Each case is different and requires individual analysis.
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Daniel Głogowski
Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he sought to address controversial themes and present first viewpoints that allowed for a deeper knowing of the issues discussed. Over the years, he gained a reputation as a reliable journalist. Contact: kontakt@legaartis.pl
