The succession of the spouse and his children shall be governed by civilian law. In the absence of a will, the bill decides on the division of inheritance. erstwhile the deceased leaves a will, he determines who gets the inheritance. But if there is no will, the inheritance of the spouse is as follows:
- The spouse and children inherit equal parts.
- The spouse is guaranteed a minimum of 1⁄4 drop.
- Children of the deceased inherit whether they are the offspring of matrimony or not, they do not necessarily should be the biological children of both spouses.
In the absence of a will, the provisions of the civilian Code specify precisely how the inheritance is to be divided between the spouse and the children of the deceased.
Example 1.
Jan Nowak died. He had a wife and 2 children. They inherit the inheritance in equal parts. Each 1 is one-third of the inheritance.
Example 2.
Maria Kowalska died. She left 4 children and a husband. 5 people participate in the division. There is simply a regulation that they inherit in equal parts, but the spouse has at least a 1⁄4 inheritance. That's why Maria Kowalski's husband gets a 1⁄4 inheritance. The remaining 3⁄4 drop must be divided equally between 4 children. Each 1 gets a 3/16 inheritance.
What if 1 of the kids had died before the parent died? This part of the inheritance that would have come to specified a kid “walks” to the descendants of that child.
Inheritance by a spouse without children
Inheritance by the spouse erstwhile there are no children is governed by another rules. In specified a situation, the inheritance is shared between the spouse and another members of the deceased’s family. The spouse then receives half of the inheritance and the remainder belongs to the family. How does the division and inheritance of the spouse proceed? Who in the household can number on a share of the inheritance?
When they inherit the spouse and parents of the deceased, the situation is as follows:
- Each parent receives a 1⁄4 inheritance.
- The spouse receives half the inheritance.
Example 3.
Jan Nowak died. He had no children. He left his wife and parents behind. The wife gets half the inheritance, each of the parents after a 1⁄4 inheritance.
When do they inherit the spouse and siblings of the deceased?
If the heir had no children, but left the spouse, and both parents are dead, or 1 of the parents is alive, and the another died earlier before the heir, then part of the inheritance that would have been due to the deceased parent is passed on to the deceased siblings. This fragment of the inheritance is equally shared between siblings. If any of the siblings is dead, his share passes on to the descendants (if any) of the deceased siblings.
Example 4.
Jan Nowak had no children. At the time of his death, his wife and parent lived. My father died earlier. Jan Nowak had a sister and a brother, both alive. The fall is divided as follows:
- wife of Jan Nowak: 1⁄2 inheritance;
- John Nowak's mother: 1⁄4 inheritance;
- the share of the deceased father John Nowak (1⁄4) is shared equally between the siblings of John Nowak – Jan Nowak's sister receives 1⁄8 inheritance, Jan Nowak's brother 1⁄8 inheritance.
- It may besides be that 1 of the deceased’s siblings is dead, but it left offspring. Then the condition of specified siblings is “moved” to their offspring.
Example 5.
Jan Nowak had no children. At the time of his death, his wife and parent lived. My father died earlier. Jan Nowak had a sister and a brother. The sister is alive, the brother died earlier, but left his son. The fall is divided as follows:
- wife of Jan Nowak: 1⁄2 inheritance;
- John Nowak's mother: 1⁄4 inheritance;
- Jan Nowak's sister: 1⁄8 inheritance (sister inherits in place of deceased father);
- nephew of Jan Nowak (son of the deceased brother): 1⁄8 inheritance.
The full inheritance for the spouse – when?
When the heir wishes the full inheritance to befall his spouse, it is essential to draw up a will in which the spouse is designated as the sole heir.
In the absence of a will, the spouse will inherit the full inheritance only under certain conditions:
- There are no descendants of the heir (children, grandchildren, grandchildren, etc.).
- The inheritance's parents are dead.
- No siblings of the heir.
- There are no heir siblings.
If there has been a divorce or separation, the spouse will not inherit from the erstwhile spouse, but erstwhile the matrimony inactive existed at the time of death.
In the event of separation by court, the spouse besides does not inherit. However, if the court has not ruled separation, the spouses can inactive inherit each other, even if they live separately.
Inheritance after a spouse in the event of divorce or separation is possible under the will.
If the spouse dies in a divorce or separation case, steps can be taken to block his inheritance. 1 possible action is to file a suit against a deceased spouse in a court of law demanding his exclusion from inheritance.
To win in specified a case, it must be demonstrated that:
- The heir applied for divorce or separation from his spouse.
- This request was justified.
Only six months from the date on which he was found dead, but no later than 1 year after his death, are allowed to file a suit against the deceased spouse.
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Read more:
Rules for inheriting a spouse – how much will the husband or wife get and how many children?
