Inheritance Law

Question 1

Definition of Inheritance Law

Answer 1

Set of legal rules in private law meant to regulate the destiny of a person ́s property after his/her death

• It provides continuity to the legal traffic of this set of goods and rights.
• The heirs also assume the debts and obligations that weighed on the deceased

Question 2

Types of Inheritance

Answer 2

By origin:
= Testate: The deceased freely disposes of his property by fixing his will in the will.
= Intestate: The deceased could not or has not wanted to leave his will.
= Legítima: Law recognises certain relatives a right to a part of the inheritance (legitimarios).

By effects
= Universal
= Particular

Question 3

Inheritance Process (4)

Answer 3

• Initiation
• Vocation
• Delation
• Acquisition

Question 4

Initiation

Answer 4

Begins when a person dies , His property is opened in order to be transmitted the heirs

Question 5

Vocation

Answer 5

The hereditary vocation is a condition for adopting the status of heir, and is granted by law to certain relatives (in a straight line and collateral up to the 4th degree) and the spouse.
In the absence, it is granted by the will of the deceased that has been expressed in a valid will. (Just a legal expectation)

Question 6

Delation

Answer 6

A situation in which an inheritance is offered to concrete heirs, that is, to those called, affected by the vocation –Concrete calling (Acceptance / Repudiation)

Question 7

Acquisition

Answer 7

Once the heirs accept inheritance, they will receive the specific properties since moment of death.

Question 8

Testate

Answer 8

Art 657 CC
= Act
= Throughout which a person disposes of their properties upon his/her death

= Unilateral legal matter (joint wills are forbidden)
= No counterpart required
= Legal
= Formal: if you fail complaining the specified rules, the document will be null.

Question 9

Testate Legal Limits

Answer 9

LEGAL OBLIGATIONS: Must respect the rights of his legal heirs
================ Inheritance:
( -) Deducting debts not derived from person ́s death
( + ) Adding PREVIOUS donations given during his lifetime
RESULT: GLOBAL ESTATE TO BE DIVIDED
Art. 807 CC
== 1/3 strict legitima
== 1/3 improvement
== 1/3 free disposition
================ DESCENDANTS
2/3 must be specifically for them
Legitima (1/3) equally divided.
Improvement (1/3) to improve the selected legal descendant heirs.
JUST DESCENDANTS
If some reject, their part will be equally distributed (legitima) and the part related to improvement, also.
1/3 free disposal –> No limits, nor specific indications: equally divided.
================ NON DESCENDANTS
Parents & Ascendants
– Single -Parents: 1/2
– Married -Parents1/3
NO PARENTS
– Closest ascendants (bloodline)
WIDOW
– Not legally heir
– Entitled to legitima if in the moment of death they were not legally separated.

Question 10

Intestate

Answer 10

It takes place by law when heirs are missing
– No testament or a not valid one

Heirs line to be called

1. Descendants
2. Ascendants
3. Spouse
4. Collateral
5. The State

Excluding line

Question 11

Intestate effects

Answer 11

Delation
– Heir must accept or repudiate the condition not the inheritance directly.
Types
– Direct acceptance
– Acceptance in benefit of the inventory -Art. 998 CC