How Inheritance Is Divided Under Civil Law

How an inheritance is divided is information that many people still don't know, because few sources share details about how inherited property is distributed. In addition, inheritance systems are still considered taboo to discuss in many communities.

Yet every person will eventually encounter matters of inheritance. Unfortunately, many people do not yet understand how the distribution system works for each heir. So keep reading this article for information about dividing inherited property.

How Inheritance Is Divided

Under civil law, the inheritance system does not recognize the terms original property, marital property, or joint marital property. This is because the Burgerlijk Wetboek states that property belonging to anyone, whether husband or wife, remains a single, whole and unified marital estate.

This may be set aside if, before marriage, the husband and wife enter into an agreement that separates ownership of property within the marriage.

Inherited property under civil law follows a fixed distribution system, so the division is a constant matter. Because it does not recognize original property, all assets within the marriage are first divided in half for the eldest husband or wife.

However, if a wife or husband comes from a second marriage, they may receive 1/4 of the property, and this may not exceed the share of the youngest child.

Children born outside marriage also have a right to a share, which is of course not the same as the share of legitimate children. A child born outside marriage refers to a child born from the marriage of parents who later divorced. Such a child receives 1/3 of the inheritance.

Civil inheritance law is regulated in Article 830 of the Civil Code, also called Western civil inheritance law. This article explains that inheritance may only be divided after death occurs.

Therefore, if the property owner is still alive, the property cannot be transferred through any inheritance procedure or provisions.

Groups Entitled to Be Heirs

Article 832 explains that the persons entitled to be heirs fall into Groups I through V. The details of each group are as follows:

1. Group I

Group I consists of family members in the direct line of descent: the surviving husband or wife, children, and descendants together with a husband or wife who lived longer.

2. Group II

Group II consists of family members in the direct line of ascent: parents, siblings, and their descendants.

3. Group III

Group III consists of grandparents and ancestors.

4. Group IV

Group IV consists of relatives in the collateral line and ancestors.

5. Group V

Group V consists of relatives in the collateral line and other family members up to the sixth degree.

Even so, there are other provisions under which a particular party may be excluded or declared not to be an heir. For this reason, consultation with an expert, such as a notary or lawyer, is needed to obtain valid information.

Parties Who Become Heirs by Law

In the division of inheritance, some people are named directly by law, such as a husband, wife, child, grandfather, grandmother, or others. This follows the provisions of Groups I through V.

This right of inheritance is also called ab intestato. Parties specifically designated as heirs are usually named in a will. Such a will must still be validated by a notary as the authorized party. This validation is also called testamentary succession.

A child still in the womb and not yet born may also have their status directly recognized as an heir when necessary. This right is further strengthened by provisions in Article 2 of the Civil Code.

Article 838 of the Civil Code also states that parties may be excluded as heirs if they commit certain criminal acts. Such acts include the following.

• Preventing the validation or revocation of a will.
• Destroying, forging, or concealing a will.
• Attempting to kill, or having killed, the testator.
• Being found guilty of attempting to damage or tarnish the good name of the testator.

How Inheritance Is Divided

Each heir named in a will has certain entitlements. However, the division of property must be carried out fairly and witnessed by impartial witnesses. So how is inheritance properly divided? The full explanation follows.

• A surviving husband or wife and the children left behind by the deceased receive 1/4 each.
• If the deceased has no spouse and no children, the inheritance is given to the parents, siblings, and descendants of the deceased's siblings, each receiving 1/4.
• If the deceased has no full siblings, the inheritance goes to the paternal line in the amount of 1/2, while the maternal line receives 1/2.
• Blood relatives in the same ascending line who are still living are also entitled to inherit in accordance with the rules, namely 1/2.

However, if Groups I and II no longer exist, Group III is entitled to the inheritance.

Rights of Heirs

Every heir also has certain rights that should be understood. Once an heir's status has been confirmed or validated, the rights belonging to that heir arise. The various rights of heirs are as follows:

• Every heir has the opportunity to propose the separation of inherited property or assets that have already been distributed. This right refers to Article 1066 of the Civil Code and may be exercised after five years or after the inheritance has been distributed.
• However, this is not mandatory and is only optional or an internal agreement among heirs, which must of course follow valid legal rules.
  A party recognized as a lawful heir by law is entitled to receive all inheritance rights, whether in the form of property or receivables from the deceased.
• However, under Article 833 of the Civil Code, the heir also has the right of saisine, meaning the right to refuse or to consider whether to accept the inheritance.
• Every heir has the right to request a detailed explanation of the inheritance they receive. This may take the form of a statement of accounts covering obligations, types of rights, debts, or receivables of the deceased. This request is part of the beneficiary right regulated in Article 1023 of the Civil Code.

From the explanation above, it can be understood that the way inheritance is divided under civil law is fair and corresponds to a reasonable share. This method can be applied by people of various religions, so it is more universal in nature.