What is the obligatory share of inheritance Civil law - Read useful advice
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Article 1149 of the Civil Code gives information about an obligatory share in the succession mass, the list of compulsory heirs is complete and comprehensive. In a compulsory share of inheritance are entitled to minors and disabled children of the testator. Adopted children are part of the compulsory heirs.
Also on the compulsory share is entitled incapacitated spouse and parents or adoptive parents of the testator, and all those who were dependent on, regardless of whether they are included in the circle of heirs or not. For an obligatory share rather be dependent on at least 12 months. This law limited the freedom of the will.
If all of the property bequeathed, it is divided between the persons specified in the will, and between compulsory heirs, are encouraged to inherit under the law. Shares of mandatory heirs will be as if they inherit under the law. For example, if the testator bequeathed all property to one heir, his dependents was 3 incapacitated. In this case, all the inheritance to be divided in equal parts. Regardless of all the heirs of the will get 25% of the hereditary mass.
Required heirs may opt out of receiving their share, but they can not pass the due share in the favor of other heirs, as if refusing the entire share of the inheritance goes in favor of the persons mentioned in the will. While the inheritance of the law of any of the heirs have the right to renounce their share of the benefit of persons or particular persons.
Legacy does not automatically pass to the heirs, of their right to property must be stated in writing within 6 months from the date of the testator's death, referring to the notary office of the last place of residence of the testator or at the location of the main hereditary mass.
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