When it comes to inheritance, you can expect that there will be many who wish to claim it. But in this case, the law comes into effect, in accordance with which the distribution of the inheritance is made.
How can an inheritance be divided by will
The inheritance can be divided by will or, in the absence thereof, by law. Any person is free to independently dispose of his inheritance and decide who will get it after his death. He has the right to exclude from the list of heirs those who have the right to inherit by law, except for those who are the obligatory heir. These include his minors or disabled children, his disabled spouse and parents, as well as dependent persons living with him for at least a year. Obligatory heirs, regardless of the will of the testator expressed in the will, can claim half of the share due to them by law.
The rest of the persons indicated in the will receive their shares in the proportions determined by the testator. He can also distribute his property between them, specifying specifically what of the property is due to whom. If he has not done so, the inheritance is divided among the persons listed in the will in equal shares.
Distribution of inheritance by law
In the event that there is no will, the Civil Code of the Russian Federation comes into force. In accordance with Articles 1142-1145 and 1148, the order of succession is determined. In total, the law provides for eight lines of inheritance, the last two of which no longer link blood ties with the testator. Heirs belonging to the same queue can apply for inheritance only if there are no heirs of the previous queues. This can happen when they are not in the world or they do not have the right to inherit. According to Article 1117, they can also be excluded from participation in the distribution of the inheritance or deprived of it in accordance with paragraph 1 of Art. 1119. The heirs of the preceding queues may not accept the inheritance or refuse it. The heirs of the first order include children, spouse and parents.
Heirs who are in the same line of succession receive the inheritance in equal shares, with the exception of those who are in this line by the right of representation. That is, they are descendants - sons, daughters or parents of the heir by law from this line, who died before the opening of the inheritance or simultaneously with the person who left the inheritance. In this case, the share of the deceased heir from the queue is divided equally among all who represent him in this queue.
