How can there be a divided inheritance by will


The estate may be divided according to the will, or in his absence by law. Any person is free to dispose of their inheritance and decide who will get it after his death. He has the right to exclude from the heirs of those who are entitled to inheritance under the law, except those who is a compulsory heir. These include his minor or disabled children, disabled spouse and parents, as well as living together with at least one year of persons who are dependent on him. Compulsory heirs, regardless of the will of the testator expressed in the will, can claim half of the share that is owed to them by law.

Other persons mentioned in the will, receive their shares in proportions determined by the testator. It also can distribute his property among them, putting exactly what property is owed to whom. If he didn't, the inheritance is divided among individuals named in the will in equal shares.

The distribution of the inheritance according to the law


In the case where there's no will, the action takes the Civil Code of the Russian Federation. In accordance with articles 1142-1145 and 1148 is defined by the order of succession. Only the law provides eight queues inheritance, the last two of which are connected with the testator by blood. The heirs included one can claim inheritance only if there are no heirs of the preceding categories. This can happen when there is no light or they have no inheritance rights. Under article 1117, these can also be suspended from participation in the distribution of the inheritance, or are deprived of it in accordance with clause 1 of article 1119. The heirs of the preceding categories may not accept the inheritance or to refuse it. To the heirs of the first stage include children, spouses and parents.

The heirs included in one line of inheritance, inherit in equal shares, with the exception of those who are in the queue by right of representation. That is, are descendants – sons, daughters or parents of the heirs of this queue, deceased before opening the inheritance or simultaneously with the person who left the inheritance. In this case, the share of the deceased heir of the queue is divided in equal shares among all who represent it in the queue.