The succession consists of the partners in the estate. The members of the estate are the heirs, the beneficiaries of a general will and the widow. The estate is therefore an association between the partners until the estate ceases to exist. A person may also be a partner in the estate in a situation where he or she receives no property at all in the distribution of the estate.
Who is entitled to the inheritance?
The law determines who is entitled to the inheritance, i.e. the heir. A partner in the estate is therefore the person who is entitled to the inheritance, i.e. the heir. This includes, for example, children, i.e. the heirs by blood. There may be heirs other than the heirs in common, including the parents of the deceased, his or her siblings or a widow. The succession, or heirs, will always depend on the circumstances of the case, depending on who are the deceased's closest relatives under the law.
It is also possible for the primary heir to die and be replaced by his or her substitute heirs as members of the estate. This includes, for example, the surviving children of deceased parents.
Widow's position in the estate
The widow's position in the estate depends on whether there was a marriage contract between the deceased and the widow. If the widow does not have a matrimonial right to the deceased's property, i.e. the parties have had a marriage contract, the widow is not a partner in the estate unless she is the beneficiary of the will. If, on the other hand, the spouses had a matrimonial right to each other's property, the widow is a partner in the estate until the distribution is made.
The widow is the heir of the deceased in situations where the deceased did not leave a breast heir. It should be noted that the widow has the right to retain undivided control of the estate, but she is still not necessarily a partner in the estate.
If the deceased was married and has no heirs and has not made a will, his widow is the sole shareholder of the estate. In this case, the secondary heirs of the first spouse to die, such as his or her parents and siblings, are the heirs of the first spouse to die, but only inherit from the widow's estate. In other words, the secondary heirs of the first spouse to die do not inherit until the death of the widow. The estate of the deceased spouse may, however, be divided at the request of the widow during her lifetime. This means that the secondary heirs are no longer partners in the estate of the widow after her death.
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Succession and disinheritance
An heir loses his or her status as a partner in the estate if he or she completely renounces the inheritance. However, it should be borne in mind that if the deceased's heir is the deceased's breast heir, his children will take his place.
Succession and wills
The deceased does not have the right to exclude by will a legal shareholder status. Thus, as a general rule, the deceased cannot exclude his or her child from the estate by will, even if he or she wishes to do so, since the heir at law has a legal interest in the estate.
Succession and joint administration of the estate
If there is no special administration of the estate, the partners jointly administer the estate. As a general rule, all the partners must act jointly and with their joint consent. The succession may authorise one of the partners to manage the estate.
Article drafted by the Advocate Tuula Rainto, Amos Law Firm. You can always call him toll-free, tel.010 299 5090. You can check our price list Here.
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