Can a sister claim a brother's inheritance

Brothers and sisters are blood relatives who fall into the category of distant relatives; in the case of legal succession, they belong to the group of heirs of the second line; they may claim property only if there are no superiors or if their rights have been waived.

If a brother or sister is dependent on a relative of his or her own, he or she may act as his or her heir; in that case he or she shall have a share, regardless of the number of people assigned to him or her; and if he or she is dependent on him or her, he or she shall have a share in the inheritance; and if he or she is dependent on him or her, he or she shall have a share in the inheritance; and if he or she is dependent on him or her, he or she shall have a share in the inheritance; and if he or she is dependent on a relative, then he or she shall have a share in the inheritance; and if he or she has a share in the inheritance, he or she shall have a share in the inheritance; and if he or she has a share in the inheritance, he or she shall have a share in the inheritance; and Allah is Knowing, Wise.

Can a sister legally claim a brother's inheritance?

The sister may claim her brother ' s inheritance by way of legal succession. Section 5 of the Civil Code establishes the general provisions of succession which guarantee the rights of relatives (including distant relatives) to inheritance.

Article 1118 and article 1141 of the Code of Criminal Procedure provide for two types of inheritance: the law and the will, which are set forth in articles 1118 and 1141 of the Code of Criminal Procedure.

And the question of whether a sister whose interests the brother has made in a will is left to herself, she can inherit the money she has bequeathed, real estate/movable objects to the extent provided for by the heir.

Question:"If I am the sole heir of the will, but my brother has children and a spouse, can I inherit the entire estate?"

Mandatory heirs may claim 50 per cent of the portion guaranteed to them in the context of legal inheritance (if they were called upon to do so); their share will be allocated irrespective of the wishes of the administrator; and if the wife claims part of the husband, she must produce a certificate of marital ties and prove her own incapacity (disability, retirement age).

Features of the inheritance process after the death of a brother:

• When the heir has made a will, the priority right to his property is transferred to the persons specified in the order. Art. 1116, 1119 of the Civil Code defines the subjects of the inheritance process upon the will. These are citizens of the Russian Federation, companies, the State, individual entities of the federation, and entities of the municipal type. The list of heirs in this case is determined solely by the will of the heir;
• Failure to make a will/confinement/disposal of all property - grounds for a legitimate inheritance process - this is article 1141 of the Civil Code;
• The law defines eight degrees of kinship, which is eight sets of succession, each group of participants is called to the process only in the absence of higher-ranking receivers, and the lower group may be invited to the process if potential receivers refuse the right to inherit;
• The brother ' s property is given priority by his wife, children and parents (art. 1142 of the Civil Code);
• Release two - sisters/brothers and grandparents (GC, art. 1143);
• Article 1145 guarantees the right of potential heirs to the third and subsequent succession, in the absence of closer relatives;
• A group of next of kin (wives, children) gathered after his death, who have priority over property, and yet the sister will receive 50 per cent of what she could have received in the absence of first-order guardians.

The process of obtaining the sister's inheritance after the death of his brother

The brothers/sisters of one or two parents are relatives of the sideline, who have a second step in the relationship, depending on the degree of consanguinity, according to the law.

The siblings and half-brothers are among the heirs of Release 2 (GC, art. 1143).

If close relatives are present, they will be given priority in the inheritance process if their rights are provided for in the will.

In the absence of the written will of the heir, which is in accordance with all the rules and is notarized, the sister may obtain the property of the deceased relative on appeal for the proceedings of the second-line heirs; this is article 1154 of the Civil Code. The duration of the succession is six months from the time of death.

Article 1153 of the Civil Code provides for a list of ways in which inheritance can be performed, and legal practice uses both the formal and the actual method of inheritance.

Formal mode

The formal method is a standard inheritance whereby the successor applies to the notary for the opening of the trial. The office at the place of residence of the deceased citizen or at the location of the property is selected. In places where there is no notary, the person in loco parentis must be contacted.

The chief of the hospital, the captain of the ship, the head of the colony or expedition, the head of the village council can act as a notary.

Attention, the representative ' s credentials must be confirmed by an appropriate power of attorney.

Actual mode of acceptance

The actual investigation process is the physical possession of property, i.e., without official confirmation, the citizen starts using the facilities, retains them and disposes of them. If this is not contested in court, the inheritance is recognized if such conditions are met:

• Owning/disposal of property;
• Protection of objects against external attacks;
• Maintenance of property by its own means;
• Payment of the heir ' s debts.

The inheritance includes the rights and obligations of the deceased, and it is not possible to acquire only property and debts, and the inheritance is accepted in full or not at all.

Everyone has the right to refuse to join.

Article 1163 sets out the time limits upon which possession is recognized and the citizen who has actually taken a share in the property is entitled to obtain a certificate, in which case it will be necessary to prove the acquisition of property or objects.

The certificate is not a mandatory condition of ownership of an object at the time of actual acceptance, but without this procedure it is necessary to register an immovable object, for example, you can actually inherit household equipment, money, other things, apartments, houses, plots of land require a certificate that confirms ownership.

Split after the death of a distant relative

The procedure and possibilities for allocating the property of a deceased citizen are determined by reference to the range of beneficiaries (including mandatory heirs/dependants), the existence/no will, the type of property, the grounds for the call to process.

As part of the legal succession procedure, the rights of all receivers are equal, as set out in article 1141, paragraph 2, of the Civil Code.

The exception is the heirs invited to the process in the presentation (GC, art. 1146), whose proportion is formed from the portion allocated to the submitting or main deceased receiver.

Entry into a right shall be subject to such conditions:

1. If there is a will, each applicant ' s share is determined by the will in the will. When one indivisible thing is handed over to several heirs, each person has the right to allocate his or her own share on the basis of its value. This is paragraph 2 of article 1112 of the Civil Code. Taking into account the purpose of such an object, the procedure for its use shall be determined.

The existence of contentious situations between receivers is a basis for judicial regulation of the process.

1. If there is no share in the will, the division will be divided equally between the applicants; this possibility is guaranteed by article 1122, paragraph 1. When the will of the citizen does not cover all property, the right to the good specified in the will is transferred; the rest of the property will be legally divided.
2. Mandatory heirs are entitled to a special procedure, which is covered by article 1149 of the Civil Code. Whether or not a written order is issued by the heir, interest shall be given to those applicants. This is not less than 50 per cent of the share they may have received if they are asked to inherit by order of the law. The compulsory portion shall be set aside from the undeposited portion. If it is not sufficient, the bequest may be reduced.
3. Property in common share ownership is to be divided by prior agreement.
4. In the case of inheritance, the legislature allows for the transfer of the property to one applicant, but, together with the inheritance of the right to the facility, the applicant shall be obliged to reimburse the share of the value of the object to the other parties to the proceedings, taking into account the size of its share.

Refusal to inherit in favour of other relatives in one line

The law reserves the right of citizens to refuse their own share of the inheritance in favour of third parties; this possibility must be realized within the time limits provided for in article 1154 of the Civil Code. It is also possible to renounce ownership of the property even after its actual adoption.
In order to give up some of the property in favor of a third party, you have to write a refusal from the notary in charge of the process.

Article 1158 defines the conditions under which it is possible to give up their share (the whole estate) in favour of the sister:

1. The sister is among the applicants for inheritance under a legal or testator ' s programme, and the applicant may also be invited through a succession transmission or submission.

Attention, it is not permissible to deny a person who does not belong to a group of heirs under the law, representation, will or transmission.

1. The applicant for the transfer of inheritance rights shall not be deprived of his or her inheritance or deemed to be an unworthy successor; this part of the exclusive heirs shall not be handed over to anyone;
2. The proportion that is transferred to a third person cannot be a mandatory share;
3. The successor who transmits his portion shall not have any heirs, the heirs to be appointed; their presence shall be a ground for refusing the diversion of the share.
4. Refusal shall be made without any agreement, conditions;
5. Partial relinquishment of the fraction is not permitted. Either the whole part is transferred or the whole part is inherited.

For example, a citizen has inherited all his mother's property; he wants to hand over part of his half-sister. This will not be possible as part of the inheritance procedure. A person may inherit the property in its entirety and then, as part of the gift procedure, transfer the rights to a certain part of the property, such as the home. The second option is to give up all good in favour of his sister.

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Whether a sister is entitled to a sister's inheritance: may sisters and brothers claim property upon the death of the owner

The division of inheritance between relatives is sometimes a difficult task, sometimes the heirs are a brother and sister, and the question arises as to how to divide the inheritance among them.

Do they have the right?

• The options for dividing the property for such a situation may vary and each needs to be considered separately.
• In the simplest case, the parts will really be equal.- if there's a legal succession, and there's no complicating factor.
• But it may also happen that the shares will vary substantially, and such situations also occur.

If there's a will

If there's a paper, it's easy enough to process a post-mortem inheritance, and it shouldn't give rise to any further questions.

The will is intended to read out the will of the heir after his death, and by contacting the notary, the heirs will be able to know what property each of them has.

If this document is available, disputes can be avoided and therefore it is the best option for almost all situations where there is more than one legitimate applicant; according to the will, a brother and sister may:

• The parts are exactly the same;
• Different parts in any ratio;
• One of them may be deprived of his or her inheritance at all.

In the absence of a will, however, the situation may be very different, because inheritance will occur in accordance with the law.

It's important.Sometimes one of the deceased ' s children has the right to receive most of the property, even if there is a will, in the case of the situation of the compulsory share to which minors with disabilities may claim.

If there is no will

1. When there is no will, the law inherits according to all the rules that exist for such situations..
2. As close relatives, the deceased ' s children have the right to sign a treaty that will relate to the division of the inheritance, in addition to the right of one of them to surrender all property to the other.
3. If there is a situation where it is impossible to separate things – for example, if it is necessary to divide a car, a room, one of the relatives has the right to give up their share in order to compensate for its value with money.

Can a brother (sister) claim?

Such problems arise, they happen quite often, and the only way to figure out all the nuances is to go to court.

The issue of the transfer of any property to one or a second applicant can be resolved through a court of law, and the law ensures that priority is given to each object for all heirs.

Such an approach might also suggest that monetary compensation be provided to the other party.

Succession from cousins or second cousins

• The third cousins do not have the right to inherit after the owner ' s death, and in the absence of the next of kin, the property is deemed to be dead.
• The cousins usually claim the right of submission.
• An exception to both options is the existence of a will that is validly written against any natural or legal person, in which case the relationship is not considered.

Avoiding Arguments

There are many options to resolve any conflicts over property and to choose the optimal division of property that will please all.

If you do not have the right to have a relationship with one another, you will not have to go to court, nor will you have to go to trial for a long period of time.

How do you get a bigger share?

A large proportion can be obtained if a mandatory share is granted.

This is the practice if one of the heirs is incapable of work because of age, disability, and the compulsory share is granted by reducing the share of the other heirs.

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Conclusion

The division of inheritance is not always an easy task, and if there is a will, the process will be considerably easier. Even though the brothers and sisters are close relatives, disputes over the inheritance may turn into scandals and litigation.

The most important factor in ensuring a legitimate and mutually acceptable division of the inheritance is the agreement between the relatives and the opportunity to negotiate; it is not necessary to argue – all matters can be resolved without trial, after the valuation of the property, the comparison of the value of the various objects; all the remaining nuances can resolve monetary compensation.

The division of inheritance may or may not take place in equal shares, each situation is individual.

In what cases can a sister and brother claim inheritance?

The distribution of the benefits left after death is based on the principles of inheritance reflected in the Civil Code of the Russian Federation (arts. 1110-1185). It is here that answers can be found to the question: "When and how can a brother and sister inherit property?" There are many options, let us consider each of them.

After the parents died,

They are the children of the deceased, so the inheritance will be based on article 1142 of the Russian Civil Code.

In order to prove their relationship, each of them shall provide:

• The passport of the deceased parent and his death certificate (original or copy).
• His passport.
• The birth certificate, where the heir is clearly identified as the parent.

The best option is for the deceased person ' s passport data to be consistent with the data in the birth certificate provided.

If an inaccuracy is detected, the relationship can be proved as follows:

What is the inaccuracy?	How to Prove
Error in writing the parent ' s last name, first name or patronymic on the birth certificate	Reference to the recording of the children in the deceased's passport (if there is such a record, the FIO and the date of birth of the child coincides with the heir's passport). Provide a court decision recognizing paternity or other document that proves the direct relationship of the deceased and his children.
Doesn't exactly match the parent's passport name with the birth certificate.	Present documents that will show the chain of last names, for example, the deceased mother in divorce/marriage changed her last name and then changed it to a third one... in which case all the marriage/dissolution certificates or archive records are needed if the heirs are unable to find the originals.

Help:....................................................The consequences of the application of article 58 of FL N 143-FZ of 15.11.1997 "On Civil Status" on the change of name, surname and patronymic should be carefully weighed, making it difficult to prove affinity.

A more difficult option is that a brother with a sister is incomplete, in which case it is up to one of the parents to die; in the event of the death of a common parent, both children will be called to inherit; and if a stepfather dies, the unborn son/daughter shall be excluded from the inheritance.

It's important:The brother and sister are called upon to inherit on equal terms (unless one of them is deemed to be an unworthy heir).

After the death of grandma/grandfather

When, for example, a grandmother dies on the mother ' s side, grandchildren become heirs only if the mother herself is not alive, dead or abandoned:

1. Grandpa on the mother's side.
2. Aunt and uncle on the same line.

Help:....................................................Such inheritance is also based on the first line and is exercised in accordance with the right of submission, and the grandchildren are, as it were, replacing their dead mother in the given line of succession.

After the death of a brother/sister

When his or her own brother or sister dies (whether full or not), the remaining brothers and sisters may receive his or her property under the following conditions:

No living parents of the deceased, his children or his marriage partner.

• The first-line persons are alive, but they have abandoned their inheritance (most often parents who give up their inheritance for the rest of the children).
• There's no will in favour of other people.

The proof of kinship in such cases follows the pattern of the birth certificates of the deceased and the heirs. The relationship between the two must be clearly established by the father or the mother. If there is no match, then the deceased and the heirs must be half brothers or sisters.

Help:....................................................Second-line succession (art. 1143 of the Code of Criminal Procedure) is not applicable to half-brothers.

After the death of his nephew/niece

This is the third line of succession (art. 1144).

The conditions for inheritance are:

1. Absent the surviving parents of the deceased, his children, his marriage partner, grandparents on both lines.
2. The faces of the first two rounds are alive but have abandoned the inheritance or have been declared unworthy heirs.
3. There's no will in favour of other people.

Help:....................................................The brother and sister act as aunts and uncles in this situation with regard to the heir.

If there's a will

A written will can radically change the whole picture of inheritance, and the testator is entitled to transfer his property to any person, including a brother and sister, even if there are other relatives who are closer to him.

All depends on each particular situation, the will of the testator and the right to a compulsory share, the fact being that disabled and underage children are entitled to 1/2 of their statutory right (art. 1149 of the Criminal Code of the Russian Federation).

It's important:By means of a will, parents may remove their brother or sister from their inheritance, but they may not deprive them of their compulsory share.

Conclusion

The ability to prove that you are related to the heir is important to the law, so be careful not to change your name by the slightest desire, and keep an eye on the proper filling of the evidence that you have received, not just you, but those who will ever become your heirs.

Does the sister have the right to inherit a brother?

Family members often have questions about the inheritance of their own blood or just a loved one, such as whether a sister can claim a brother's inheritance after his death.

The SC has defined the order of the main applicants who have the right to own a deceased relative ' s inheritance, among whom the sister is not on the list of priorities, despite the existing relationship that has arisen through the parents.

What circumstances give a sister the right to claim a brother's inheritance can be found in this article.

Main applicants for the deceased brother ' s inheritance

There are eight successions of potential heirs to the estate of the heir.

If he has a wife and children and also parents, they constitute his family environment and are the first heirs of his brother ' s property.

If the children died before their brother's death, but they had their descendants, they would accept the inheritance of their grandfather, instead of their dead parents, rather than receiving their inheritance from their grandfather.

He said: "O my people!

In the preparation of the will, it is imperative that consideration be given to the proportion of persons who are unable to work who have been in the care of a brother for one year or more until the brother leaves the other.

When can a sister become his brother's heir?

The property belonging to the brother may be handed over to the sister on the basis of the legal conditions in force; she shall have no right over the other heirs; she shall inherit either by his brother ' s will or by accordance with the rules established by law.

There are several options for the sister-in-law of the deceased brother:

1. The sister shall be in the second line of the heirs of the brother's estate, and it shall be no matter whether she is of one parent or of both, and she shall be of the heirs of the brother only if he has no heirs or if they give up his inheritance.
2. And if any of them bequest them, they shall be equal to any of the inheritors.
3. A sister may claim a share of the brother ' s inheritance if she has been dependent on him for at least a year before he leaves his life; she may receive a share of his inheritance, like the inheritance of a person.
4. And if you do not have a will, then if you have a will, you shall have a share of it; and if you do not have a will, you shall have a share of it; and if you do not have a will, then you shall have a share of it; and if you do, you shall have a share of it; and if you do not have a will, then you shall have a share of it; and if you do not have a will, then you shall have a share of it; and if you do not have a share of it, then you will have a share of it; and if you do not have a share of it, then you will have a share of it; and if you do not have a share of it, then you will have a share of it; and if you do not have a share of it; and if you have a share of it, then you will have a share of it; and if you do not have a share of it; and if you do not have a share of it; and if you do not have a share in it, then you will.

The procedure for accepting the brother ' s inheritance

The inheritance of the brother must be made in accordance with the established procedure, and it is the same, regardless of the way in which the inheritance is obtained.

This procedure is intended to be as follows:

1. And if you do not have the right to inherit, then you will not have the right to inherit it, and you will not have the right to inherit it, nor will you have the right to inherit it, nor will you have the right to inherit it, nor will you have the right to inherit it, nor will you have the right to inherit it, nor will you have the right to inherit it, nor will you have the right to inherit it, nor will you have the right to inherit it, nor will you have the right to inherit it.
2. The notary issues this document after verification of the facts on which the inheritance is based, a duty of 0.3 per cent of the value of the inheritance due; this amount is due to the first- and second-line relatives.
3. Register the inheritance in Rosreestre. Only inherited property is to be registered with the new owner.

When and who should apply?

It is customary to file the application with the notary in person and to send the application by mail, and the signature of the application must be confirmed by the notary located at the place from which the application was sent.

A representative may file an application on behalf of a potential heir, for which the heir will have to draw up a power of attorney from any notary, and a copy of the power of attorney must be attached to the outcome of the heir ' s case.

Actual acceptance of the inheritance

This is the way of lawful acceptance of the brother's property; it is the way of formal acceptance; it is to be used when the sister was separated from the brother, and she had nothing to do with his property during his life and after his death.

If, however, the sister was involved in the management of the property, including the following actions:

• paid the housing and communal services bills, including the brother ' s debts for these services;
• Overseeing the preservation of property;
• Provides it with personal repairs;
• In fact, she lived in real estate, etc., she was considered to have actually accepted it.

All such acceptances must be proved in court by means of payment documents, certificates and witness statements.

In order to do so, she must make a statement in which she must submit a request for recognition as her brother ' s de facto heir.

If the other heirs do not disprove the acceptance of the deceased brother ' s sister ' s property in court, the court will decide that her heir, along with other persons claiming to be his, will be recognized as the heir.

On the basis of the court ' s decision, she has the right to re-register her brother ' s real estate or to obtain a certificate of entitlement to part of it.

When a sister has inherited her brother, you will know that if any of the options described have touched your situation, you will have to hurry to the notary so as not to miss the time limit for accepting the inheritance, or to go to court if there is strong evidence that you are involved in your inheritance.

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Legitimate succession by brothers and sisters of the Troürds, cousins, relatives: different privileges and priorities

Property may be transferred not only in respect of spouses and children, but also in favour of brothers and sisters; this may occur in the event of a bequest or in the absence of a bequest.

When can the above-mentioned persons be applicants for inheritance? In what situations is this possible? We will talk about this in the article, paying attention to some nuances.

Succession by Brothers and Sisters

The lawmaker has awe about this relationship, and it's a matter of willing law. Before you become an heir, you need to look at all the subtleties of the matter, so be careful about what you're going to say in this article, and perhaps you'll find something important and interesting that you can apply in practice.

Acquisition of rights under the law and by will

Property in respect of future owners may be acquired by will.This is the case when the last act of last will makes its last request, where it offers some part of the property or the whole of it to the brother and sister.

This will is incontrovertible and must be fulfilled, and the testator may transfer the inheritance to any person who is not even a relative.

It is a very different matter to inherit by law, and in carrying out the transfer of property in this way, it is necessary to find out what line of kinship a person may inherit from.

In accordance with civil law, applicants for inheritance are assigned to the second line of kinship; therefore, in the absence of the first line, the property is passed on to the brother or sister.

However, despite the fact that there is a common parent, half-brothers and sisters are not equal to family members, so many believe that they can inherit property, but only in subsequent line of kinship, not in rights with family members.

The half brothers and sisters are members of the second line in the line of kinship.and the property of the deceased may be claimed on an equal basis with the family.

Therefore, if the heir does not want his own brothers and sisters to share the property with the joints, he will make a will.

What is the turn of cousins and second cousins?

The cousins and cousins may also be mentioned among the possible heirs; however, article 1141 of the Civil Code suggests that these persons may inherit only in Release 5 and not before.

Article 1141 of the Criminal Code: General provisions

1. The heirs are called upon by law to inherit in accordance with the order of succession laid down in articles 1142 to 1145 and 1148 of the present Code; the heirs of each succession shall inherit if there are no heirs of the previous rounds, i.e. if the heirs of the previous rounds are absent, or none of them shall inherit, or all of them shall be removed from the inheritance (art. 1117), or if they shall not inherit (art. 1119, para. 1), or if none of them has accepted the inheritance, or all of them have renounced the inheritance.
2. The heirs of one line will inherit in equal shares, with the exception of the heirs of the right of submission (art. 1146).

The fact is that the above-mentioned persons are not immediate relatives, and thus cannot claim property.

We looked at the details of the division of the deceased's property by law and will here.

The second line persons mentioned in the legislation of the Civil Code may become legal heirs; however, certain conditions must be properly established; for example, if the latter act does not have any first-line relatives, i.e. parents, children or spouses, the procedure for the division of property between the first-line heirs can be found here.In the absence of first line heirs, the property is received by the second line.If he has made a will against inheritance by law, he may refer to his brothers and sisters as his principal heirs, and no one will be able to contest it.

A sister may expect to receive property even if there are other first-line applicants; this is generally possible if the sister has taken care of a sick person or has otherwise helped him to keep the property in proper form.

The sister may also be the main applicant for the inheritance, in which case she may be the applicant for a compulsory share, which is set out in the total estate of the inheritance.

After the death of the author of the last will, the members of the first and second line who may receive the property are both close relatives in the form of children, spouses and parents, and brothers who are sisters; in this situation it is necessary to understand whether a will has been made or not; and whosoever has the right to inherit if there is a will in favour of a particular person, read in this article.

If there are no first-line applicants and no will has been made, the sister brothers may become full owners of the property of the deceased.

Who can swear on the property?

The right to claim the property of a brother or sister is available to his or her close relatives, according to the order of the line of kinship, and the lines can be read in detail in article 1141 of the Civil Law; everyone may be a applicant if he or she has been mentioned in the will.

How can I gain my rights?

In order to obtain property, some actions must be taken:

1. First of all, the notary must be informed of his rights in the form of a declaration.
2. Attach the documents that will be required to carry out the inheritance action.
3. Wait for the notary's review of the papers.
4. Get a notary's agreement to take over the estate.
5. To come to Rosreister, where you will take action on the inheritance mass.

The formal way of accepting the inheritance implies that a written application for the inheritance is made and all documents are processed first and then the property can be used.

This is necessary if there are other heirs in addition to the sister brothers.The formal method of acceptance is the most common one.

Actual discharge method

The actual way of accepting the inheritance implies that the heir will continue to use the property of the brother or sister without the issuance of title papers; this can only be done if there are no other applicants for the property.

Of course, many would be happy to use only the actual way, but it is not always good and can meet your requirements, but the actual way of accepting the inheritance is good only when the heir is lazy to document ownership rights.

Segregation of the deceased's belongings

In the case of:If the heir is absent from the first line, the heir will pass over to his brother or sister.or will be divided among several relatives according to a will or law.

How to refuse in favor of anyone?

There are often situations in which one of the heirs gives up property, but it is possible to give up the inheritance, which means that the share will be proportionally divided between the other applicants for property.

If, in the near future, you intend to enter into a legal right to hold immovable property, you should take a number of nuances carefully, but only on your own will it be possible to establish a procedure for admission.

It is likely that caution will help you to have possession of your property, both by law and by the will of your relatives in the second line, and we wish you success in your future endeavours to legitimize your property rights with respect to the estates of the heir.

Can a sister claim a brother's inheritance?

Brother and sister are among the closest of kin, and wise parents have taught their children since childhood: in a difficult situation, one should support one another, for all of you are one family.

This is usually the case in life: a brother and a sister maintain a warm family relationship, but do not forget other loved ones — children, spouses, parents — who are the closest ones and who are not?

Turns out the law already answered that question.

Priority of heirs

The legislator has established the separation of the next of kin, from the next of kin to the next of kin, and has given priority to the successors who are called upon to inherit.

The next of kin, the father and the mother, the son and the daughter, the surviving spouse, are the first to accept the estate of the heir.

Thus, the brothers/sisters will inherit the property in the second place – only if all priority successors have died, have no inheritance rights, or have given up property; but if the priority relatives are in good health and are enthusiastic in accepting the inheritance, the brothers/sisters cannot claim the property.

There's an exception to this rule, which we're still talking about.

For the past four years, a woman had been visited by her own brother, who had taken care of her household and assisted her in the management of her household. After the initiation of the inheritance procedure, the brother also approached a notary, but the latter did not issue a certificate.

The reason for the rejection is that the brother inherits the property only in the second place.

More about the priority of the heirs by law, we explained in the article..............................................

When can a sister inherit his brother's property?

After all, there are situations in which a brother inherits his sister's property and vice versa — the sister inherits after the death of the marriage.

• If a will is made whereby the sister is expressly identified as the heir to the property of the brother, or the brother inherits the property of the sister;
• In the absence of first-time relatives (dead, unworthy heirs, abandoned property);
• If the sister was in the care of a brother or a dependent brother, she was in the care of a sister.

A brother and a sister are legal heirs, and they are dependent for more than a year, and they are entitled to inheritance on an equal footing with their immediate relatives; the compulsory share will be equal to half of the inheritance to which the recital/sister would have been entitled by law.

By the way, the will is a non-final document, it can be declared null and void, as you will read in this article.

Refusal of his brother's inheritance in favour of his sister

The sister has every chance of obtaining the property of her brother if the successor to the first line (the surviving spouse, the daughter/son, the father/mother) has abandoned the property due to him – in her favour.

Note that failure is not always possible, but only if certain conditions are met.

• For example, a sister/brother in whose favour the waiver has been made shall not be deemed unworthy by the testator or deprived of his or her inheritance rights by the testator himself or herself.
• In addition, the "retardant" heir should not have a sub-nominated successor.
• The waiver must also be unconditional in respect of all the inheritance due.
• The person to whom the refusal is made must be identified in the will or must be among the legal heirs.

Let us give an example:

A man died, the only first heir is his daughter. The heir also has an incomplete mother sister who needs money. The heir's daughter has decided to give up part of her inheritance in favour of her sister.

The notary did not accept the "negative" statement on the grounds that the sister of the inheritor was not full-fledged, except that all the estates that were due could be abandoned, but not part of it.