Everyone is free to dispose of his property as it sees fit. His will, he can pose, making a will, according to which after death and his legacy will be divided.
But when the will was not made up, inheritance distribution is made according to the law.
To the legal heirs are those who participate in the distribution of the inheritance by right of representation.
Inheritance by right of representation
All heirs left after deaththe testator may be assigned to one of the eight queues, set out in Articles 1142-1146 of the Civil Code. The order that is set depending on the degree of kinship. Only one queue heirs may enter into inheritance. In the absence of previous heirs inheritance is divided among the heirs subsequent turn.
In the case where the deceased on the day of deathheir of the line that enters into the rights of inheritance, was dead or if he was killed at the same time with the testator, instead of its share under the law should have its direct descendants who are called heirs by right of representation. Those. inheritance by right of representation - this is the inheritance of the share of the inheritance due to the heir has died, after which, too, there were people who could qualify for this share.
In this case, only called upon to inheritlegal heirs, heirs testamentary inheritance rights on the proposal have not. But there are still restrictions - the right presentation can be deprived of their descendants unworthy successor and the man who was officially stripped of the testator inheritance.
Priority inheritance by right of representation
In the case of inheritance by right of representationthere is also a statutory order of priority. If the testator had his dead children, they will primarily be of the grandchildren and their descendants on the downlink - grandchildren, etc. The second stage includes native nephews and half brothers and sisters of the testator. In third place are included cousins of the testator, who are siblings of parents of the testator.
How is the inheritance by right of representation
Inheritance by right of representation is restrictedshare of the heir of the deceased prior to the opening of the inheritance. Regardless of the number of heirs on the proposal, they all receive only the share, which would suggest that their deceased relatives, had he lived. This share is divided among all heirs on presentation in equal proportions. At the same time it should be noted that the heirs upon presentation assume the same time with the legacy of the debts and liabilities of the testator, and not on debt obligations of the successor, which they represent.