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Determining the subject of inheritance is always one of the important contents in inheritance law. In the article "Inheritance rights, some issues to keep in mind" we mentioned the regulations on heirs based on Article 613 of the 2015 Civil Code. Accordingly, this provision is the premise to determine who has the right to inherit the deceased person's estate, if an heir is an individual, such person must be alive at the time of commencement of the inheritance or, if such person is born and alive after the commencement of inheritance, must have been conceived prior to the time when the deceased dies. Where an heir under a will is a body or organization, it must be in existence at the time of commencement of the inheritance.

There are two types of inheritance: Testamentary inheritance and Inheritance at law. Therefore, the heir is also considered according to the case of the heir under a will and the heir at law.

Heirs under the will: Under Article 613 of the Civil Code 2015, including the subject is an individual or an organization, a legal entity,….does not require relationship conditions such as legal heirs. Besides, the law respects the free will of the estate leavers (ownership rights) leading to priority in the division of the estate according to the lawful will as provided in Article 650 of the 2015 Civil Code. However, this priority is limited, stemming from a good moral tradition, connecting the family as a moral obligation, giving an inheritance to the weak in the family has become the responsibility that the person leaves behind a legacy to perform. Accordingly, Article 644 of the 2015 Civil Code stipulates the heirs regardless of the content of the will such as: “1. Where a testator does not grant any of the following persons an inheritance, or grants any such person an inheritance which is less than two-thirds of the share that person would have received if the estate had been distributed according to law, such person shall be entitled to a share of the estate equivalent to two-thirds of the share that he or she would have received if the estate had been distributed in accordance with law: a) Children who are minors, father, mother, wife or husband of the testator; b) Children who are adults but who are incapable of working. 2. Clause 1 of this Article shall not apply to persons who have disclaimed their inheritance as prescribed in Article 620 or persons who are not entitled to inherit as prescribed in Clause 1 Article 621 of this Code.”

Heirs at law: Can be an individual and must have a marriage, bloodline, nurturing relationship with the person leaving the estate in terms of inheritance. Under Article 651 of the 2015 Civil Code, Heirs at law are categorized in the following order of priority, heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit. And heirs at the same level shall be entitled to equal shares of the estate.

+ The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;

+ The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;

+ The third level of heirs comprises: biological great-grandparents of the deceased, biological uncles and aunts of the deceased and biological nephews and nieces of the deceased.

Thus, the heir under the will determined based on the content of the legal will may include individuals and non-individuals, while the heir at law is determined by the relationship marriage, bloodline, nurturing by inheritance and the provisions of law.

In addition, if the estate leaver has the right to designate a beneficiary of the estate, the heir also has the right to refuse to receive the estate, unless the refusal is intended to evade the performance of his/her property obligations to the estate with other people. The refusal to receive the estate must be made in writing and sent to the administrator of the estate, other heirs who are assigned the task of dividing the estate.

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The above is the basic information you need to know about the subjects and adjustment methods of the Civil Procedure Code based on the legal regulations at the time of writing the article. If you need advice or are interested in the above services or other related legal services, please contact the experts and lawyers of LS Law Firm immediately at Email: lslawfirm2014@gmail.com for advice and support.

Note: The article is for reference only, all copying uses the article as its own evidence in any case, which is considered not allowed./.