Heirs notwithstanding contents of testaments

Legal case:

Mr. A died and made a legal will to leave all his inheritance to B. At the time of opening inheritance, Mr. A’s parents are still alive, Mr.A’s wife is still alvie, Mr. A has two children, a child under 18 years old, a child over 18 years old but incapacity for labor.

Legal question:

In this legal case, Are Mr. A’s parents, his wife and his children entitled to inherit his inheritance?

Legal basis:

According to the Civil Code in 2015:

“Article 20. Adults

1. An adult is a person who reaches full eighten years of age or older.”
“Article 644. Heirs notwithstanding contents of testaments

1. The following persons, who are not allowed by a testator to inherit the estate or are allowed to inherit only a portion of the estate less than two-thirds of their due part, are still entitled to a portion equal to two-thirds of the portion givien to an at-law heir, if the estate is distributed under law.

a) Minor children, father, mother, wife or husband;

b) Adult children having no working capacity.

2. Clause 1 of this Article does not apply to persons disclaiming estate under Article 620, or persons not entitled to inherit estate under clause 1, Article 621, of this Code.”

“Article 620. Disclaimer of inheritance

1. An heir has the right to disclaim an estate, unless such disclaimer aims to shirk his property obligations toward another person.

2. A disclaimer of estate shall be made in writing and sent to the estate manager, other heirs and the person appointed to distribute the estate.

3. A disclaimer of an estate shall be shown before the time of distributing the estate.”

“Article 621. Persons not entitled to inherit estate

1. The following persons are not entitled to inherit estate:

a) Persons who are convicted of having intentionally infringed upon the life or health of the estate leaver, or of having serverely maltreated or persecuted the estate leaver, seriously infringing upon the honor or dignity of that person;

b) Persons who have seriously breached their obligations to support the estate leaver;

c) Persons who are convicted of having intentionally infringed upon the life of another heir in order to acquire part or all of the portion of the estate to which such heir is entitled;

d) Persons who have deceived, coerced or hindered the estate leaver in making his testament; persons who have forged, modified or destroyed the testament in order to acquire part or all of the estate against the will of the estate leaver.”

Conclusion:

Based on the above provisions, Mr. A’s parents, his wife, his children both a child under 18 years old and a child over 18 years old but incapacity of labor are still entitled to inherit Mr.A’s estate even though Mr. A made a legal will to leave all his inheritance to B.

In this case, Mr.A’s parents, his wife, his children both a child under 18 years old and a child over 18 years old but incapacity of labor will each receive a portion of the estate equal two-third of the portion given to an at-law heir.