What does it mean to inherit by right of representation

Each person is free to dispose of his property as he sees fit. His will he can present, making a will according to which after death will be divided and his legacy. But in the case where a will was not drawn, the distribution of the inheritance is by law. The legitimate heirs are those who participate in the distribution of the inheritance by right of representation.

Inheritance by right of representation

All the heirs left after the death of the testator, can be assigned to one of eight queues, set out in articles 1142-1146 of the Civil code of the Russian Federation. The sequence of this is set depending on the degree of kinship. To enter into the inheritance can only heirs to the same queue. In the absence of heirs of the previous inheritance is divided among heirs subsequent turn.

In the case where at the date of death of the testator the heir of the queue, which is entering the right of inheritance, was dead or if he died simultaneously with the testator, instead his share under the law should receive his direct descendants, who are called heirs by right of representation. I.e., inheritance by right of representation – is the inheritance share of inheritance due to the heir is already dead, after which also left people who can qualify for this share.

In this case, the inheritance is called upon only heirs at law, heirs of a probate inheritance rights in the submission have not. But there are still restrictions – the right of representation may be deprived of the descendants of the unworthy heir and who was formally disinherited by the testator.

The order of succession by right of representation

In the case of inheritance by right of representation also exists a statutory order. If the deceased had deceased children in their first stage will represent the grandchildren and their descendants downward – grandchildren, etc. To the second stage are nephews relatives and half-brothers and sisters of the testator. In the third stage included cousins, brothers and sisters of the testator, who represent the brothers and sisters of the deceased parents.

How is the inheritance by right of representation

Inheritance by right of representation is limited to a share of an heir who died before the opening of the inheritance. Regardless of the number of heirs on the presentation, they all together receive only that portion that was supposed to be their dead relative, if he stayed alive. This percentage is divided among all the heirs by representation in equal proportions. However, note that the heirs on the presentation of take on at the same time with the legacy and liabilities for the debts of the testator, and not on debt obligations of the heir, which they represent.