'Inheritance and probate

Following the death of a loved one, their estate must be settled. This is a lengthy and often arduous task entrusted to a solicitor, which will result in the distribution of the deceased's assets and debts amongst their heirs. Following a death, in the absence of a will or any other arrangements, it is the law that determines the devolution of the estate, and consequently the order of succession. What are the rules governing statutory succession, known as 'ab intestat', as set out in Article 734 of the Civil Code? This book provides an opportunity to review the main rules governing succession and the key guiding principles, such as the principle of indivisibility. The Civil Code establishes the principle of the indivisibility of the estate, which implies the application of uniform rules to all the assets of the estate. However, as with any principle, the indivisibility of the estate is sometimes overridden by the existence of exceptional rules. And the principle of respecting the order and degree of heirs. Indeed, in order to rank the heirs, the Civil Code traditionally uses two hierarchical criteria, namely ranking by order and degree of heirs.