What Does It Mean To Inherit By Representation

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What Does It Mean To Inherit By Representation
What Does It Mean To Inherit By Representation

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Each person is free to dispose of his property as he sees fit. He can state his will by drawing up a will, in accordance with which, after death, his inheritance will be divided. But in the event that the will was not drawn up, the distribution of the inheritance is made according to the law. The legal heirs also include those who take part in the distribution of the inheritance by right of presentation.

What does it mean to inherit by representation
What does it mean to inherit by representation

Inheritance by right of representation

All heirs remaining after the death of the testator can be assigned to one of the eight queues established in Articles 1142-1146 of the Civil Code of the Russian Federation. This order is established depending on the degree of kinship. Only heirs of one queue can enter into inheritance. In the absence of heirs of the previous inheritance, the inheritance is divided between the heirs of the next turn.

In the event that, on the day of the death of the testator, the heir of the line that enters into inheritance rights was dead or if he died simultaneously with the testator, his direct descendants, who are called heirs by the right of representation, should receive his share in his place by law. Those. inheritance by right of representation is the inheritance of a share of the inheritance due to a deceased heir, after which there are also people who can claim this share.

In this case, only heirs by law are called to inherit, heirs by will do not have the right to inherit by presentation. But there are also restrictions - the right of representation may be deprived of the descendants of an unworthy heir and one who was officially disinherited by the testator.

Priority of succession by right of presentation

In the case of inheritance by right of representation, there is also a sequence established by law. If the testator had deceased children, they will be first represented by the grandchildren and their descendants - great-grandchildren, etc. The second stage includes the nephews of the testator's siblings and half-brothers and sisters. The third priority includes the testator’s cousins ​​and sisters, who represent the siblings of the testator’s parents.

How the inheritance is distributed by right of representation

The inheritance by right of presentation is limited to the share of the heir who died before the opening of the inheritance. Regardless of the number of heirs according to the presentation, they all together receive only the share that would be due to their deceased relative, if he remained alive. This share is divided among all heirs according to representation in equal proportions. It should be borne in mind that the heirs, on presentation, assume simultaneously with the inheritance and obligations for the debts of the testator, and not for the promissory notes of the heir whom they represent.

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