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Terms commonly used in the Inheritance and Succession

Here you can find the technical terms commonly used in the world of inheritance and succession.Please contact us about any other that is not listed, we will gladly clarify.

 

FUNDAMENTAL CONCEPTS.

 

SUCCESSION = assumes that a person is placed in the place of another and involves the replacement of a person in the ownership of rights and obligations of another.

It can be:

  1. Due to its effectiveness:
  • "Mortis causa" = the deceased has died.
  • "Inter vivos" = deceased and successor are alive.
  1. For its size:
  • A universal title = includes all property (inheritance)
  • A particular title = includes certain assets (legacy).

 

INHERITANCE = ensures the continuity of the family through the decedent's estate transfer some or some of their relatives.

Phases:

  1. Inheritance without differ = before the death of the deceased.
  2. Heritage Open = when the deceased died.
  3. Legacy Delayed = after the death and offering the heir.
  4. = Vacant inheritance after the offer but before acceptance.
  5. Heritage acquired, accepted or Adidas = acquired, when the heir is necessary and can not accept or renounce it, simply buy. Accepted or Adidas, if the heir is voluntary accepts or gives it up.
  6. Inheritance vacant = if not accepted, not expected to have an heir.

 

"Bonorum Possessio" = is the possession of the property to which the magistrate granted the request of the person concerned. A person acquires the status of mere possession of such property.

Classes:

  1. BP edictalis = if the course is covered by the edict.
  2. BP decretalis = if the course is not covered by the edict.
  3. Will = BP against the praetor granted possession against the provisions in the will.
  4. = BP as will the praetor granted possession to the person established by a will even if affected by procedural irregularities.
  5. BP without a will = the praetor granted possession will not be valid, based on blood kinship.
  6. BP sine re = when the magistrate, after giving possession is not supporting the "bonorum possessor" for winning the civil heir.
  7. BP re = the praetor cum supports the "bonorum possessor" against civilians.

 

HEIR PROTECTION:

  1. Actions = "hereditatis Petiti" = Action Request inheritance. Protects the civil heir in case of dispute about their status as heir. You can only request that says "in jure" the heir civil and willing to try "apud iudicem" against which possessed the inheritance as heir, against which he possessed as owner.

"ACTIO Familiae ERCISCUNDAE" = Action of the estate. Any heir could apply to the community state that they had agreed upon acceptance of the inheritance.

  1. Injunctions = "Quorum bonorum INJUNCTION" = protects the "bonorum possessor" against the civil heir. Can only be ordered against the legatee BP begins to possess without a permit, the goods that have been passed.

TYPES OF HEIRS:

  1. Required = heirs who acquired the estate automatically after the death of the deceased without acceptance or possibility of waiver. Were in the care of the deceased at the time of death. The purpose is to attach a holder to a harmful legacy.
  2. = Foreign heirs or volunteers who were not under the authority of the testator and acquired the legacy of previous voluntary informers and by accepting or addition. They were granted the "deliberative power = ability to deliberate whether or not to accept the inheritance.

 

Accusation = Appeal to Crown to accept the inheritance. Heritage deferred = legacy that can be acquired by acceptance, inheritance can only be offered to volunteers heirs.

Classes:

  1. Probate betrayal = if defers or offers by the will of the deceased contained in the will.
  2. Self-betrayal or "intestate" = if it defers to the right, when there is no valid will.
  3. Accusation against will or forced = true when there will not respect the limits on the content.

 

= Vacant inheritance Inheritance in the period of time between the death of the deceased and the acceptance by the Crown. Heritage offered but not yet entered above.

Problems:

  1. Ability to cause heritable changes in equity, by natural events or acts of man.
  2. Lack of a holder of the estate to which she attributes these effects.

 

Solution:

  1. Theory of retroactive Casio = considered owner of the property to the future heir during the Argentine ore-deposits.
  2. Theory Juliano = prolonging the personality of the deceased until acceptance, consider the deceased owner of the estate during that period of time.
  3. Finally = come to regard the person or estate owns the estate, the idea of the legal person.

 

ACCEPTANCE HERITAGE = Only the heir to volunteer can freely accept or reject the inheritance.

Ways to accept the inheritance:

  1. Cretion = is the taking of possession of the property accompanied by an explicit and formal statement made by the heir, before witnesses by which it expressed its willingness to accept the inheritance.
  2. Management heir = tacitly express will add the inheritance, derived from the performance of certain acts with respect to the estate, meaning a willingness to accept, or not have the right to do without taking the status of heir.
  3. Acceptance by the simple desire = affirmation, no formal acceptance of the inheritance. It is the only way to express that exists in the Justinian law.

 

Requirements:

  1. Full knowledge of the acceptor.
  2. = Full capacity of accepting the "infans" could not accept either with the assistance of the tutor. The Impubers Infantia more could accept the actions of a guardian or parent.

 

Two measures to avoid problems:

  1. "SAPATIUM DELIBERANDI" = Length of time at the request of loa creditors of the deceased, or of the heir, provided that the praetor to accept or resign and that it had passed without comment to the heir as a quitter.
  2. "Interrogatio CREDITORIBUS" = requested by creditors of the deceased and is the question asked about the future heir of his willingness to accept or renounce the inheritance, in front of the magistrate.

 

DISCLAIMER = The act contrary to acceptance. It is the voluntary renunciation by the heir to the estate in his favor deferred. No formalities are necessary, is irrevocable.

 

EFFECTS THE ACQUISITION OR ACCEPTANCE HERITAGE :

  1. Confusion equity = union of the two estates, the heir and the deceased in one. The disadvantages are that the creditors of the estate could be jeopardized their claims. The solution is that the magistrate granted a "Suspect Edictum inherited":
  • Crown Guarantee suspect = if the heir was suspect, the creditors could ask the magistrate to compel him to provide a guarantee.
  • Separation of goods = the creditors could seek separation from the deceased's estate and heir.
  • "Restitutio in integrum" = as a remedy for hereditary confusion for those under 25 years accepted an inheritance hibiesen harmful.
  1. Responsibility "ultra vires hereditatis" unlimited liability of the heir = heir. To avoid inconvenience caused harmful heirlooms introducing certain measures in favor of heir
  • = Granted severance benefit for heirs instituted needed slaves.
  • = Benefit of abstention in favor of the heirs necessary, had the effects that were considered in name only heirs, the estate passed to the creditors.
  • Benefit of inventory = power granted to any heir who has not applied the "spatium deliberandi" to accept the inheritance responding only to where this range.

 

 

COMMUNITY HEREDITARY = legal situation that occurs when several people are called to inherit jointly by will or by law. It begins with the opening of the succession to several people who are called, consolidates these and is extinguished by the partition.

Consequences:

 

Consequences resulting from them abundant = call several people to the same inheritance. When one or more of the calls can not or will not accept the inheritance, his share increases as the others.The increase represents an increase of so-called right to waive, on the entire estate.

Attributing the increase occurs ipso jure, is proportional to the share of each heir, have retroactive effect and depends on the manner in which the testator has established each of them.

 

PARTICIPIÓN OF HERITAGE = The interests of the parties are juxtaposed, that is, they all tend to the same purpose, which is the division of property and the subsequent award by the "familiae erciscundae arbiter" of quotas to each of the heirs. Can only apply the civil estate.

With the exercise of the end of the estate undivided state hereditary own community, and give effect to the obligations among the various heirs born.

 

Snacks = contributions of goods are to be performed by certain people to the estate, as a necessary precondition for participation in the division of inheritance and in order to ensure an equitable distribution. Arises from the need to align the various descendants of the deceased when one of them had been received by the deceased prior to his death, certain contributions.

Classes:

  1. "Collatio bonorum" = is the collation of the property or of the emancipated. The magistrate requires emancipated descendants called to a succession against will, to bring to the estate and for unemancipated offspring, all you have acquired from the occurrence of emancipation until your death.
  2. Collation of the praetor dowry = forces the daughter who received a dowry to make available to the estate, for the same purpose to avoid inequalities between the different descendants.
  3. Collation of the descendants = are obliged to collate the descendants of the deceased all the donations they have received in life the same, unless the testator himself had expressly released any such obligation to their heirs.