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Online Lawyer  23.10.2019 14:20

Question: My mother had two children - me and my brother. My brother died, from which the disabled girl remained (not in the nursery). My mother painted The Testament in my name. No one else was shown in it. Will the disabled granddaughter (the daughter of my deceased brother) have a mandatory share in the inheritance in the event of the death of my mother?

Answer: succession is a testament and is made according to the law. By law, succession is made if the Will does not exist or does not determine the fate of the entire inheritance (article 1112 of the Civil Code).

The children, husband (wife) and parents of the heir will have the right to the first succession under the law (Article 1135 of the CC). The inheritance under the right to provide means the inheritance under the law until the opening of the inheritance or the death of the heir at the same time, the share belonging to him shall be transferred to his descendants, the share of which shall be distributed equally among the descendants who are relatives to the same extent as the heir under the law (Article 1140 of the CC). Therefore, by law, you and your brother's daughter were considered heirs after the death of your brother and until your mother made a testament.

Article 1142 of the Civil Code provides for the list of persons who have the right to receive a compulsory share in the inheritance. They are the children of the heir underage or incapacitated for Labor, the husband (wife) and parents of the deceased, including the incapacitated dependents of the heir to Labor.

A disabled girl has an obligatory share in the inheritance not in the property of her grandmother, but in the property of her deceased father. However, in the will of your mother, only because you are indicated as an heir, your niece (the daughter of your deceased brother) does not have the right to inherit what her father did not receive.