CIVIL LAW

- Inheritance
 Aims

2. How many types of

1. What is inheritance?
inheritance are there?

3. Testamentary inheritance
4. Inheritance at law
- How to make a testament
- When will inheritance at law apply
- Who can make a testament
- Who can be inherit property in case of
- Who can inherit property under a
inheritance at law
testament.
- How to divide property in case of
- How to divide property under a
inheritance at law
testament
What is inheritance?

Inheritance is the practice of passing a decedent’s

assets to their heirs.
Whose property can be passed to their heir
when they pass away? (Article 609, the civil code 2015)

Individuals
Which property can be bequeath to heirs?
(Article 612, the civil code 2015)

Property belonging to decedents

includes:

• Their own property, and

• Their shares in property in common with others.
When will inheritance be opened?
(Article 611, the civil code 2015)

Inheritance will be opened at the time when the owner of

property dies
Who can be a heir?
(Article 613, the civil code 2015)

Individuals Organisations
Conditions:
1. Must be alive at the time of Conditions:
opening inheritance, or
Must still exist at the time of
2. Must be born and still alive after opening inheritance
the time of opening the
inheritance, but must be
conceived before the death of the
estate leaver
Who is entitled to enjoy the inheriting
property? (Article 621, the civil code 2015)
Heirs who do not fall in the following cases, or fall in the following
cases but the estate leavers aware of their acts and still allow them to
enjoy their property :

1. Being convicted of having intentionally infringed upon the life or

health of, maltreated, physically or mentally abused, seriously
infringed upon the honor or dignity of the estate leavers.

2. Seriously breaching their obligations to support the estate leavers.

3. Being convicted of having intentionally infringed upon the life of

other heirs for the purpose of acquiring part or all of the portion of
the estate to which such heirs are entitled.

4. Deceiving, coercing or hindering the estate leavers while the latter

make their testaments;

5. Forging, modifying or destroying the testaments in order to acquire

Summary: What is inheritance?

• Pass property of individuals who die to

Contents their heirs

Who can bequeath • Only individuals

their own property

• Individuals who are alive at or

conceived before the time of opening
Who can be heirs inheritance
• Organisations which still exist at time of
opening inheritance

When will
inheritance be • The owner of property dies
opened
 Aims

2. How many types of

1. What is inheritance?
inheritance are there?

3. Testamentary inheritance
4. Inheritance at law
- How to make a testament
- When will inheritance at law apply
- Who can make a testament
- Who can be inherited property in case
- Who can be inherited property under
of inheritance at law
a testament.
- How to divide property in case of
- How to divide property under a
inheritance at law
testament
How many types of inheritance are there?

Testamentary Inheritance at law

inheritance
 Aims

2. How many types of

1. What is inheritance?
inheritance are there?

3. Testamentary inheritance
4. Inheritance at law
- How to make a testament
- When will inheritance at law apply
- Who can make a testament
- Who can be inherited property in case
- Who can inherit property under a
of inheritance at law
testament.
- How to divide property in case of
- How to divide property under a
inheritance at law
testament
Testamentary inheritance
What is a testament? (Article 624, the civil code 2015)

A testament is the expression of an individual's

will to transfer their own property to another person
after death.
Example of a testament
Who can make a testament?
(Article 625, the civil code 2015)

0 15 18
Years old

Can - if their parents or

Can not Can by themselves
guardians agree

Note:
1. Individuals having loss of civil act capacity - Can not

2. Individuals having restricted civil act capacity – Can by themselves

3. Individuals having limited cognition and behavior control - Depend

How to make a testament
Forms of testaments (Article 627, the civil code 2015)

Written testaments Oral testaments

Forms of written testaments:

 Testaments made without Made in cases where
witnesses individuals are unable to
 Testaments made in make a written testament
presence of witnesses due to life-threatening
 Notarised testaments diseases
 Authenticated testaments
Cases where testaments must be made in a
specific written form (Article 630, the civil code 2015)

No. Individuals Specific written forms

Their testaments must have

From full 15 years old to
1 signature of their parents or
under 18 years old
guardians

2 Having physical handicap

Their testaments must be made in
presence of witness and notarised
or authenticated
3 Being illiterate
Contents of a testament (Article 631, the civil code 2015)
A testament must contain:

1. Day, month, year, on which the testament is made;

2. Full name and place of residence of the testator;

3. Full names of the person, or organization entitled to the estate or the

clear definition of conditions for individuals, or organizations to enjoy
the estate;

4. The inheritance estate bequeathed and the location of such estate;

5. The person appointed to perform the obligations and the contents of

such obligations.

* Note:
- No abbreviations or symbols shall be used in testaments;

- If a testament comprises many pages, then each page must be ordinally

When is a testament lawful?
(Article 630, the civil code 2015)

A testament is lawful when it meets all the following

requirements:

Made by clear minded The content is not contrary

individuals who are not to prohibited provisions of
deceived, threatened or forced. law and social ethics

In case of oral testaments, at least

two witnesses write down expression
of the testator and jointly sign or press The form is not contrary to
their fingerprints. provisions of law
This testament must be notarized or
authenticated within 5 days from the
last expression of the testator
When will a testament take effect?
(Article 643, the civil code 2015)

From the time when the testator passes away

Cases where a testament can be invalid
(Article 643, the civil code 2015)

A testament can be invalid wholly or partially in the following cases:

Testamentary The estate is no

heirs are not alive longer in
or no longer exist existence at the Unlawful
at the time of time of opening testaments
opening inheritance
inheritance

* Note: A testament is partially invalid if such invalid part does not

affect validity of the rest of the testament
Who can inherit property under a
testament?
Who can inherit property in a testament?

Minor children, father, mother,

Individuals and organisations wife/husband, or adult children
appointed by testators without working capacity.

In cases where:
- They are not allowed by the
testator to enjoy the estate, or
- They are allowed to enjoy only a
portion less than two-thirds of
their due part at law
How to divide property under a testament
Principles of property division under a
testament
How many asset they will
receive
- Testators will decide the share
of each heirs
Individuals or organisations - If there is no clear expression,
appointed by a testator the assets will be divided
equally between heirs unless
otherwise agreed

Minor children, father,

mother, wife/husband, or
adult children without
working capacity A portion equivalent to two-thirds of
the portion given to an heir at law
Not allowed by the testator to enjoy the
estate, or allowed to enjoy only a
portion less than two-thirds of their
due part at law
 Aims

2. How many types of

1. What is inheritance?
inheritance are there?

3. Testamentary inheritance
4. Inheritance at law
- How to make a testament
- When will inheritance at law apply
- Who can make a testament
- Who can be inherited property in case
- Who can inherit property under a
of inheritance at law
testament.
- How to divide property in case of
- How to divide property under a
inheritance at law
testament
Inheritance at law
What is inheritance in law?
(Article 649, the civil code 2015)

Inheritance at law is inheritance in which the

ranks, conditions and order of inheritance
will be decided by law.
When will inheritance at law apply?
(Article 650, the civil code 2015)

No testament

Part of property is not

disposed of in the unlawful testaments
testament

Testamentary heirs
declaim their Invalid testaments
inheritance rights

Testamentary heirs
do not have the
rights to inherit
How will inheritance in law apply?
Cases How will inheritance in law apply

1 No testaments
Apply to all the property
2 Unlawful testaments
Apply to the property related to the
Partially
invalid part
3 Invalid testaments
Wholly Apply to all the property

Testamentary heirs Some heirs Apply to the property related to that heir
4 do not have the
rights to inherit All heirs Apply to all the property

Testamentary heirs Some heirs Apply to the property related to that heir
5 declaim their
inheritance rights All heirs Apply to all the property

Part of the property is not disposed

6 Apply to that property
of in the testament
Who can inherit property in case of inheritance at
law? (Article 651, the civil code 2015)
Heirs at law will be determined in the following order:

First rank of decedents

Their biological or Their biological or
Their husband/wife
adoptive parents adopted children

Second rank of decedents

Their paternal and Their natural Their paternal and maternal
maternal grandparents brothers and sisters grandchildren

Third rank of decedents

Their great Their blood aunties Their nephews or Their great –
grandparents and uncles nieces grand children
Principles for dividing inheriting property
(Article 651 and 652, the civil code 2015)

The property will be divided equally between heirs in the

same rank of inheritance

The property will be divided between heirs in the

subsequent rank if there is no heir in the preceding
rank

A part of the property inherited by a child of a property

leaver will be divided equally:
- Between their children if they die before or at the same
time with the property leaver, or
- Between their grandchildren if they and their children
die before or at the same time with the property leaver
Summary
Testamentary inheritance Inheritance in law
Heirs, property division will be decided Heirs, property division will be decided
Nature
by a will/testament by law
No will, invalid or unlawful wills
Testamentary heirs do not have or
Apply in cases Having a lawful and valid will declaim the rights to inherit
Part of the property is not disposed of in
the testament
Individuals or organisations appointed
1st rank: spouse, parents, children
by a testator

Minor children, father, mother, 2nd rank: grandparents, siblings,

Determine heirs wife/husband, or adult children without grandchildren
working capacity
Who are not allowed to enjoy the estate, or allowed to 3rd rank: great-grandparents, uncles and
enjoy only a portion less than two-thirds of their due aunties, nephews or nieces, great-
part at law grandchildren
Persons appointed by wills: As decided Divide equally between heirs, or a
by wills or divide equally if not decided heir’s children or grandchildren in
Divide the by wills case where the heir is a child of the
property
Persons inherited independently from property leaver and dies before or at the
wills: 2/3 portion given to an heir at law same time with the property leaver
The end