LEGAL SUCCESSION. this is HOW IT WORKS
The law states that succession takes place by intestate succession or by disposition of property upon death. The disposition of property upon death is commonly referred to as a will. In this contribution, I discuss how the succession takes place if no disposition of property upon death has been made. We call this the law of succession by intestate succession.
Parentage system
The law of succession works with four groups of heirs, the parentages. The system is set up so that, starting with parentage 1, we go through all the parentages in a certain order. The moment we find persons in a particular parentage, we need look no further and can determine who the heirs are. This is stated in article 4: 10 of the Civil Code: the law calls for an estate as heirs by virtue of their own right successively.
These are the parentages:
First parentele: spouse and children of the testator
Second parentage: brothers and sisters and the parents of the testator
Third parentage: grandparents of the testator
Fourth parentage: great-grandparents of the testator
Example 1
Jan dies. He divorced Marie two years earlier and from their marriage two children (first parentele) were born. His parents (second parentele) are still alive, as is his maternal grandfather (third parentele). He has two sisters (second parentele). The two children, belonging to the first parentele, are the heirs; we need look no further.
Example 2
The same situation, but no children were born from the marriage. Result: no one in the first parentage. Well in the second: his parents and two sisters. They are the heirs, we need look no further.
Example 3
Same as Example 2, but Jan has no siblings and his parents are deceased. No one in the first parentele, nor in the second. Grandfather (third parentage) is the heir.
Placeholder
We see in the quote from the legal text of Article 4: 10 BW the words: "on their own account." This means that these persons become heirs independently, by virtue of their family relationship with the testator. But you can also be an heir not on your own account. Then you are an heir by substitution. It works like this.
Let's take example 2. So John has four heirs: his two sisters and his parents. But, now suppose one of his sisters has already died. She has a son. Then now the substitution comes into play. The sister is heir but predeceased. Her son now acts in her place and is heir by substitution.
But now suppose the sister has not one but two children. How is the division then? The parents and two sisters would each inherit the equal share, i.e., one quarter of the estate each. But so one sister died before and leaves two children. Her two children, the substitutes, together take over her share, so one quarter. On balance, each of the sister's children thus inherits one-eighth of the estate.
Half-brothers and half-sisters
The law states that half-brothers and sisters inherit half the inheritance share of a full sibling or parent. Let's take example 2 again. John's parents are still alive but divorced. His father has a girlfriend and had a son with her. This leaves Jan with a half-brother in addition to two full sisters. Jan dies. Now what? There are, say, four "full heirs" (parents and two sisters) and one "half" (the half-brother). How do we solve this?
We must then establish a formula. We set the half-brother's inheritance to 1. Then the inheritance share of the parents and sisters is 2. After all, the half-brother gets half of what the full sisters and parents get. So: two parents and two sisters, 2 each = 4 x 2 = 8. Adding 1 (half-brother) adds up to 9. Then the two parents and the two sisters each receive 2/9 and the half-brother 1/9. That adds up to 8/9 + 1/9 = 9/9 or 1. And with that, the sum is "out."
Degrees
The law states that family members, beyond the sixth degree, cannot inherit. But how do you calculate that degree? Very simple: brother and sister. You go from the brother one step back to the common ancestors, in this case the parents. First degree. Then back to the sister. second degree. Two cousins: from cousin 1 one step back to his parents. First degree. back to the grandparents, which are the common ancestors of the two cousins. Second degree. back to the other cousin's parents. Third degree. From there back to the other cousin. Fourth degree. So you just have to calculate back to the common ancestors.
Unworthiness
Persons can become unworthy to be heirs. Examples are: the person who killed the testator and has been irrevocably convicted by the court for that. Or for other serious crimes against the testator. Or in case of threatening the testator to force him to make a certain last will. Or who has embezzled, destroyed or forged the testator's will.
When someone is unworthy to act as an heir, the rules of vicarious fulfillment apply again. If in our earlier example the sister had not died but had killed Jan and she was convicted of that, then she cannot act as Jan's heir, but her son acts in her place.
Parentage system
The law of succession works with four groups of heirs, the parentages. The system is set up so that, starting with parentage 1, we go through all the parentages in a certain order. The moment we find persons in a particular parentage, we need look no further and can determine who the heirs are. This is stated in article 4: 10 of the Civil Code: the law calls for an estate as heirs by virtue of their own right successively.
These are the parentages:
First parentele: spouse and children of the testator
Second parentage: brothers and sisters and the parents of the testator
Third parentage: grandparents of the testator
Fourth parentage: great-grandparents of the testator
Example 1
Jan dies. He divorced Marie two years earlier and from their marriage two children (first parentele) were born. His parents (second parentele) are still alive, as is his maternal grandfather (third parentele). He has two sisters (second parentele). The two children, belonging to the first parentele, are the heirs; we need look no further.
Example 2
The same situation, but no children were born from the marriage. Result: no one in the first parentage. Well in the second: his parents and two sisters. They are the heirs, we need look no further.
Example 3
Same as Example 2, but Jan has no siblings and his parents are deceased. No one in the first parentele, nor in the second. Grandfather (third parentage) is the heir.
Placeholder
We see in the quote from the legal text of Article 4: 10 BW the words: "on their own account." This means that these persons become heirs independently, by virtue of their family relationship with the testator. But you can also be an heir not on your own account. Then you are an heir by substitution. It works like this.
Let's take example 2. So John has four heirs: his two sisters and his parents. But, now suppose one of his sisters has already died. She has a son. Then now the substitution comes into play. The sister is heir but predeceased. Her son now acts in her place and is heir by substitution.
But now suppose the sister has not one but two children. How is the division then? The parents and two sisters would each inherit the equal share, i.e., one quarter of the estate each. But so one sister died before and leaves two children. Her two children, the substitutes, together take over her share, so one quarter. On balance, each of the sister's children thus inherits one-eighth of the estate.
Half-brothers and half-sisters
The law states that half-brothers and sisters inherit half the inheritance share of a full sibling or parent. Let's take example 2 again. John's parents are still alive but divorced. His father has a girlfriend and had a son with her. This leaves Jan with a half-brother in addition to two full sisters. Jan dies. Now what? There are, say, four "full heirs" (parents and two sisters) and one "half" (the half-brother). How do we solve this?
We must then establish a formula. We set the half-brother's inheritance to 1. Then the inheritance share of the parents and sisters is 2. After all, the half-brother gets half of what the full sisters and parents get. So: two parents and two sisters, 2 each = 4 x 2 = 8. Adding 1 (half-brother) adds up to 9. Then the two parents and the two sisters each receive 2/9 and the half-brother 1/9. That adds up to 8/9 + 1/9 = 9/9 or 1. And with that, the sum is "out."
Degrees
The law states that family members, beyond the sixth degree, cannot inherit. But how do you calculate that degree? Very simple: brother and sister. You go from the brother one step back to the common ancestors, in this case the parents. First degree. Then back to the sister. second degree. Two cousins: from cousin 1 one step back to his parents. First degree. back to the grandparents, which are the common ancestors of the two cousins. Second degree. back to the other cousin's parents. Third degree. From there back to the other cousin. Fourth degree. So you just have to calculate back to the common ancestors.
Unworthiness
Persons can become unworthy to be heirs. Examples are: the person who killed the testator and has been irrevocably convicted by the court for that. Or for other serious crimes against the testator. Or in case of threatening the testator to force him to make a certain last will. Or who has embezzled, destroyed or forged the testator's will.
When someone is unworthy to act as an heir, the rules of vicarious fulfillment apply again. If in our earlier example the sister had not died but had killed Jan and she was convicted of that, then she cannot act as Jan's heir, but her son acts in her place.