WHAT IS THE SURVIVING SPOUSE’S SHARE OF THE INHERITANCE?
First of all, it will be necessary to mention that in Inheritance Law, the sharing of inheritance is carried out according to the order of inheritance or, in other words, according to the clan system. In other words, this means that the share of inheritance or legal inheritance that a person will receive depends on who he is the heir with. If we talk about the groups,;
The children and grandchildren of the person who left the inheritance are the first group,
The parents of the testator, their brothers and their children are the second group,
The great-parents and grandparents of the person who left the inheritance and their sub-lineages (i.e. the uncle, uncle, aunt, aunt and their sub-lineages of the person who left the inheritance) 3. forming the group.
As it can be seen, the surviving spouse is not included in any group. Therefore, if we noted above, along with the surviving spouse to disinherit the heir heritage while sharing with the coterie who will share how their inheritance, which will change according to. As such, the sharing of the inheritance is primarily done in such a way that the shares hidden in the inheritance, if any, are not touched according to the will.
SO HOW TO DETERMINE THE SURVIVING SPOUSE’S SHARE OF THE INHERITANCE?
In this regard, it is necessary to first look at who is the legal heir. In other words, it should be determined which group together with the surviving spouse is the heir.
- If the surviving spouse is the heir along with the lower lineage of the person who left the inheritance (i.e. the children and grandchildren of the person who left the inheritance), the surviving spouse’s share of the inheritance is up to ¼ of the inheritance.The remaining ¾ is shared among other heirs, that is, to the children and grandchildren of the decedent.
- If the surviving spouse is the heir of the person who left the inheritance together with his parents and siblings, the spouse’s share is 1/2.
- Persons to whom the surviving spouse is the co-heir, such as the person who left the inheritance’s grandmother, grandfather, uncle, aunt, aunt, uncle 3. in the case of persons belonging to the group, the surviving spouse’s share of the inheritance is ¾.
IN ADDITION, THERE WILL BE NO ROOM FOR DOUBT THAT THE SURVIVING SPOUSE CAN BENEFIT FROM THE INHERITANCE
THE MARRIAGE MUST BE MADE WITH AN OFFICIAL MARRIAGE.
