“If there is no wills when a person dies who will get heritage” diagram that we show today is interesting. Heir who has right to receive heritage of death person according to law can divide into 2 kinds which are “heir following wills” and “statutory heir”. In this article we will talk about statutory heir because testator did not do wills.
We need to try to understand first that 1 estate consist of
1. Property such as money, car, house
2. Right to own a land, right and duty following lease agreement.
3. Responsibility such as debt and damage
We can see that such heritage did not have specification property and money only and responsibility that is debt as well.
Statutory heir has 6 levels will happen when death person did not do wills or did but that wills is invalid. Sharing this heritage property between statutory heirs has to share following order as follows.
1. Descendant is legal child, illegitimate child that father assured and adopted child.
2. Father and mother in case of father specifies legal father only who has right to get heritage.
3. Relatives who have same father and mother..
4. Grandfather and grandmother
5. Uncle and aunt
For spouse of testator can consider as statutory heir. He or she has to be spouse who register a marriage certificate legally with testator and will get heritage following proportion. 6 levels of statutory heir have no right to get heritage all together, but if first heir still alive. It specifies only such heir has right to get heritage except in case which descendant still alive or has a person who gets heritage instead and father and mother still alive. Father and mother get share like descendant.
To summarize easily as follows,
Proportion to share heritage to spouse and heir.
If heritage testator die.
- Spouse and child still alive but parents die. heritage property will belong to spouse and child in equal proportion.
- Spouse and parents still alive but they have no child. heritage property will belong to parents in equal proportion.
- Spouse, Children and parents still alive. heritage property will belong to spouse, child and parents following proportion equally
In case of testator has no child and parents passed away already
- Spouse, child and parents still alive heritage property will belong to spouse, child, and parents in equal proportion in case that testator has no child and parents died.
- Spouse and relatives who have same parents still alive heritage property will belong to spouse for a half and relatives who have same parents divide following amount of people.
- Spouse and relatives who have same parents or same father still alive heritage property will belong to spouse 2 parts relatives who have same parents get heritage 1 part.
- Spouse and grandparents still alive heritage property will belong to spouse 2 parts for grandparents will get heritage 1 part.
- Spouse and uncle and aunt still alive heritage property will belong to spouse uncle and aunt will get heritage 1 part.
Thank you for interesting information from office of justice