Succession, to whom does the law promise? Basics and important details

Inheritance is a legal process whereby the assets and liabilities of a deceased person (testator) are passed on to his or her heirs. This area of the law basically determines who can inherit, how they can inherit and under what conditions. The law of succession contains a number of rules and provisions to ensure the order and fairness of succession. In this article, we will review the basic elements of succession law, what the law promises to whom in the succession process, including intestate succession, testate succession and intestate succession.

1. Basic concepts of inheritance

Heir: The person whose estate will be inherited by the heirs on his or her death. Inheritance is therefore opened on the death of the testator.

Estate: all property and liabilities left to the testator and taken over by his heirs.

Heir: The person or persons who inherit the testator’s estate. They may be heirs at law or testamentary heirs.

2. Legal succession

The rules on legal succession apply if the testator has not left a will. The Civil Code (Civil Code) lays down the rules of intestate succession, which determine the order and proportion of the succession of the close relatives of the testator. Inheritance by operation of law is therefore simple, as it does not require any special preparation on the part of the testator. The law is clear about who inherits in what proportion, so the testator does not have to prepare complicated legal documents. Inheritance by operation of law divides the estate among close family members, which helps to preserve family unity and ensures that close relatives all share in the assets.

Spouse, descendants, other relatives

• Descendants: under the law, the primary heirs are the descendants of the deceased, i.e. their children. The children are entitled to an equal share of the estate. If a child is no longer alive, his or her share goes to his or her descendants (grandchildren).
• Spouse: the testator’s spouse also inherits, usually jointly with the children. The testator’s spouse is also a legal heir. If there are descendants of the testator, the spouse receives a beneficial interest in the property and movable property shared with the testator. If there are no descendants, the spouse may inherit jointly with the parents or in full, depending on whether the deceased’s parents are living.
• Parents: if the testator has no descendants, the estate passes to the parents. The parents inherit in equal shares. If one parent is no longer living, his or her share goes to the other parent.
• Other relatives: if there are no descendants, spouse or parents, the legal heirs are the more distant relatives, such as siblings, grandparents or cousins.

3. Inheritance by will

Intestate succession allows the testator to freely dispose of his or her assets in the will, to name his or her heirs and to impose various conditions on the succession. This is particularly important if the testator has special wishes or if the legal succession does not reflect his or her personal intentions. A will also gives the testator the opportunity to deal with special situations, such as caring for a non-blood child, a distant relative or a dear friend. It also allows you to exclude someone from the succession if it is justified. In the will, the testator can therefore specify to whom he wishes to distribute which parts of his estate and under what conditions. It can also specify the order of succession and possibly exclude legal heirs. However, the will must meet certain formal requirements to be valid. A well-written will can help prevent succession disputes by clearly expressing the testator’s wishes. If all details are clearly written down, there is less chance of legal disputes and family conflicts.

Forms of will

• Private will in writing: a will written and signed by the testator in his own handwriting or a typed document signed by two witnesses.
• Last will and testament: a will made before a notary that has been formally authenticated

4. Mandatory part

The compulsory portion ensures that the close relatives of the testator receive a share of the estate even if the will provides otherwise. Typical beneficiaries are children, spouse and parents. A royalty is a fixed proportion of the legal portion of the estate.

• For descendants and parents, half of the legal share.
• In the case of a spouse, this may also include a beneficial interest

5. Inheritance procedure

During the probate procedure, the estate is formally transferred to the heirs by the notary. The purpose of the procedure is to enforce the rights of the heirs and to distribute the estate in accordance with the law.

Procedure

• Probate hearing: the notary hears the heirs and examines the will.
• Probate order: the notary makes a decision on the transfer of the estate.

6. Inheritance tax issues

After the inheritance, the heirs have to pay inheritance tax, the amount of which depends on the value of the estate and the degree of kinship between the heirs. As a general rule, direct relatives (children, parents) are exempt from paying the inheritance tax.

7. Legal challenges of succession

Succession law often brings legal challenges and disputes, for example:

• Validity of a will: formal defects or substantive defects in a will.
• Debtor’s share claims: enforcing the debtor’s share of the heirs’ claims.
• Disputes between heirs: divisions and other conflicts between heirs.

The law of succession governs the transfer of property and obligations to heirs, ensuring the order of intestate succession and the possibility of testate succession. The legal heirs include the close relatives of the testator, while the testate will gives the testator the possibility to dispose of his or her property freely. The question of succession is a dilemma for many families: is it worth making a will or is it enough to rely on the legal succession? There are advantages and disadvantages to both options, and depending on individual circumstances, it is possible to decide which is the better choice for settling assets and liabilities after death. The rules of intestate and testate succession ensure that the deceased’s assets are passed on to his or her heirs in accordance with the law. Knowledge of succession law and proper legal advice will help avoid disputes and ensure a smooth probate process.

The decision whether to make a will or to rely on intestate succession depends largely on individual circumstances and objectives. If the testator has specific ideas about who should receive his or her assets, or has specific wishes, it makes sense to make a will. If, on the other hand, the testator feels that a legal succession plan is an appropriate reflection of his or her wishes, then intestate succession may be a good option.

When making a will, you should seek the help of an expert lawyer to ensure that the document meets legal requirements and is valid. If there are any uncertainties about inheritance intentions or family relationships, a will can provide a clearer and more secure solution.