Given that there is no final divorce ruling on the date of the inheritance, the surviving spouse inherits the deceased husband. Specifically, the Civil Code states that “the surviving spouse is summoned to inheritance in any of the classes of legal heirs”. If these people are missing or unable to come to the inheritance, all the wealth reaches the surviving spouse. Apart from this, the husband’s share of succession is:
Ø A quarter of an inheritance if it comes in concurrence with the descendants of the deceased;
Ø A third of the inheritance, if it comes in competition with both privileged ascendants and privileged collaterals of the deceased;
Ø Half of the inheritance if it comes in competition with only privileged ascendants or only privileged collaterals of the deceased;
Ø Three quarters of an inheritance if it comes in concurrence with either ordinary ascendants or ordinary collaterals of the deceased.
When it comes to the children of the deceased and their offspring in a straight line, they remove the heirs of the other classes. Descendants come to the inheritance in the order of proximity according to the normative act indicated, in which it is explained that “in concurrence with the surviving spouse, the descendants of the deceased, irrespective of their number, collects together three quarters of the inheritance. The inheritance or part of the inheritance attributable to the offspring is shared equally between them when they come to inheritance in their own name or on the stalk when they come to inheritance by succession representation. ”
The fathers of the deceased and his brothers and sisters may be heirs if the descendants do not meet the legal conditions to inherit. Under these circumstances, if the estate is to be shared with the surviving spouse, two situations may arise:
ü The surviving spouse receives one-third of the inheritance, and privileged ascendants and privileged collaterals receive two-thirds;
ü The surviving spouse receives half of the inheritance, and the privileged ascendants or privileged collaterals receive the other half.
This is How the Statutory Order of Precedence Works
Ordinary ascendants, represented by the ascendant upright relatives of the deceased come to the inheritance, according to the Civil Code, if descendants, privileged ascendants and privileged collaterals cannot inherit. In the contest with the surviving spouse, ordinary ascendants can receive only a quarter of the fortune.
Finally, and collaterals ordinary (collateral relatives of the deceased to the fourth degree, with the exception of privileged collaterals) are entitled to inheritance. Specifically, they come to the inheritance to the extent that descendants, privileged ascendants, privileged collaterals, and ordinary ascendants cannot inherit. Also, in concurrence with the surviving spouse, ordinary collaterals are entitled to a quarter of the inheritance.
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Probate basically refers to the official matters related to the death of a person, where a person who died left a will. At Probate Lawyers Perth, WA you will find some expert and highly experienced team of probate lawyers who ensures you that all your matters will be carried out sensitively with positive results. For this purpose, a person who is an executor of a will need to apply for probate in the Supreme Court of WA. If you are looking for such assessment, then call us at our mentioned number or you can fill our query form for more details.