Who has first priority in inheritance?

You have inquired about first priority in inheritance and a spouse's right of inheritance.

To answer directly, under the Civil Act, first priority in inheritance goes to the decedent's lineal descendants, that is, the younger generations such as children and grandchildren.

Adopted children are also included here.

A spouse is always included as a co-heir and inherits jointly with the heirs of each priority according to the order of inheritance.

Statutory order of inheritance
First priority: lineal descendants
Second priority: lineal ascendants
Third priority: siblings
Fourth priority: collateral blood relatives within the fourth degree

Where there is an heir of a given priority, the next priority has no right of inheritance.

In addition, a spouse becomes a co-heir with the heirs of each priority above.

In other words, where there are children, who have first priority in inheritance, the structure is that the spouse and the children become co-heirs.

Here, the spouse must be in a legally recognized marital relationship.

A spouse in a common-law marriage cannot be an heir.

In addition, because the order and proportions of inheritance are strictly determined according to the family relationships at the time of death, it is important to first confirm the exact heirs before dividing the property.

Where there are complex family relationships or a will, we recommend receiving the advice of a legal expert.