He distribution of an inheritance It is a common question in many families, and doubts arise from who will be the heirs of the deceased. The possibility of inheriting a brother is one of the most frequent, and it is possible to inherit from a brother, but only in certain circumstances.
This has been explained by APS notaries through one of their videos on social networks. But what depends on the possibility of inheriting a deceased brother? Everything will depend on whether there is a will and Legal order of the heirs.
When can the brothers inherit?
Notaries explain that if the deceased has granted a will and expressly appoints his brother as heir, he may receive the inheritance. To do this, it must be taken into account that the legitimate part of the inheritance must always be respected, which is the third of the heritage of the deceased that is reserved for the forced heirs.
These forced heirs are collected in article 807 of the Civil Code, which establishes that the order of succession is:
- The children and descendants with respect to their parents and ascendants.
- In the absence of the previous ones, the parents and ascendants with respect to their children and descendants.
- The widower or widow
On the other hand, if the brother does not appear in the will, he will not receive anything, since the law does not consider him forced heir.
What happens if there are no direct heirs or testament?
In the event that a person dies without a will and without descendants, ascendants or spouse, the law establishes that the inheritance passes to the brothers, who then become legal heirs. “If your brother dies without a will and has neither children, parents, nor spouse, it would touch you as heir,” they explain from the notary.
And if there were no forced heirs, the rest of relatives would be the following called to inherit in the following order:
- Siblings
- Nephews
- Rest of relatives to fourth grade (cousins, uncles, and uncles grandparents).
Once all family ties are exhausted, the State would stay with all the heritage, and it would have the same rights and obligations as any other heir.