In this case, brothers and sisters will be heirs. In this case, further
Brothers and sisters’ questions
Are the parents of the heirs the same for their brothers and sisters ?
It will be a question.
Y) Yes. When there is linear ascendant
Heirs are spouses and linear ascendant .
As for the article, Article 889 of the Civil Code set out ((Right of Inheritance of Lineal Ascendant and Sibling)
(1) In the the case where there is no person to become an heir pursuant to the provisions of Article 887, the following persons shall become heirs in accordance with the following order of rank:
(i) lineal ascendants of the decedent; provided that between persons of differing degree of kinship, the person who is of closer relationship shall have higher priority of inheritance;
(ii) siblings of the decedent.
(2) The provisions of paragraph (2) of Article 887 shall apply mutatis mutandis to the case referred to in item (ii) of the preceding paragraph.
The statutory inheritance is two thirds of the spouse and one third of the direct descendants.
Let’s think about the will.
In this case, it means that there is no heir of the first rank
Then, the next question,
Is there a relative superior such as the lost parent, grandparents, great-grandparents, grandparents and grandparents? (Hereinafter referred to as linear ascendant)
As an option here,
(Y) Yes. They have the child.
Article 900 set out the Statutory Share in Inheritance.
Article 900 If there are two or more heirs of the same rank, their shares in inheritance shall be determined by the following items:
(i) if a child and a spouse are heirs, the child’s share in inheritance and the spouse’s share in inheritance shall be one half each;
The spouse is one half and the child is one person, (2 x number of people) per person. In addition, although there was a child, if the child has already passed away, the grandchild will inherit on behalf of the child (suicide inheritance).
As a text, Civil Code 887 (inheritance rights of the child and its transferees) set out the heir.
(1) The child of a decedent shall be an heir.
(2) If a decedent’s child has died before the commencement of inheritance, or has lost the right to inheritance by application of the provisions of Article 891 or disinheritance, the child of the decedent’s child shall be an heir as an heir per stirpes; provided that this shall not apply if the child is not a lineal descendant of the decedent.
(3) The provision of the preceding paragraph shall apply mutatis mutandis to the case where an heir per stirpes has died before the commencement of inheritance, or has lost the right of inheritance as an heir per stirpes by application of the provisions of Article 891, or by disinheritance.
The inheritance of legitimate child and child who is not legitimate in the past has been different, although there was a difference in the past (900 Civil Code).
It is a case to think about a case where there is a spouse.
In this case, spouse will always be the heir.
Article 890 The spouse of a decedent shall always be an heir. In this case, if there is a person to become an heir pursuant to the provisions of Article 887 or the preceding Article, the spouse shall be of the same rank as thatperson
The next question is whether or not there is a child.
First rank heir
Is there any child to the deceased? (In this case, including cases where they have already died, including adopted cases )?
The choices here are:
Tthe person who died is called a decedent (a person who is inherited) A person who inherits the rights and duties of the decedent is called the heir.
The civil law set out the scope of the heir in the Part 5（Inheritance)．
Article 882 Inheritance shall commence upon the death of the decendant．
However,it’s rather difficult to understand who is heir.So I develop a chat bot, or made a hypertext structure page as follows,
so let’s check it.
First of all, it is the first question.
Is there surviving spouse for those who passed away?
As an answer
(N) No. there is not
Move to each case.