General information about inheritance Print E-mail

Who are the heirs when there is no will?

 

Should know its meaning from the legal standpoint, since the degree of relationship is crucial when it comes to inheritance, collect benefits, accident compensation, etc.

The relationship of one person over another is determined by the number of generations that separate them. Each generation is a degree.

The series of degrees forms the "line of succession."

The line of succession can be straight or direct, consisting of people who ascend or descend from each other (grandparents, parents, children, grandchildren), or collateral, consisting of people who come from one common trunk (brothers, uncles, cousins) .

The line may be a descendant, links a person with those who descend from him (grandparents, parents, children, grandchildren) or upward, links a person with those of the descending (grandchildren, parents, grandparents).

The computation of the degrees of relationship is done differently depending on the line of succession:

    • In the straight line or direct: Grades are counted up to the common ancestor or descendant depending on whether the line goes up or down. Thus, in the ascending line, the son is far from an actual parent, two grandparents and three great-grandfather, in the downline, the grandfather of the father is far from a degree, two of the grandson and three great-grandson.

    • The collateral line: Grades are counted up in the first place to the common stock (as in the straight line), and second, down to the person against whom it is intended to establish the degree of kinship. So brother brother is two grades (first grade would be the father in a straight line would constitute the common core, and the second would be the brother, a son, father is far from another degree), three uncle (the first degree would be the father, grandfather and the second the third the child's grandfather, that is, the uncle), four of the first (the first would be the father, the grandfather's second, third and fourth uncle's cousin).

You should also distinguish between blood relationship and kinship by affinity. The first is given for the family, and the second on the spouse's family, computing grades in the same way.

The following table reflects the degrees of relationship, both direct and straight or collateral, such as consanguinity and affinity.

 

Degrees Owner / Spouse
1 º Padres Laws Children Son / Daughter
2 º Grandparents Brothers Brothers Grandchildren
3 º Grandparents Uncles Nephews Grandchildren
4 º Cousins - - -