In this new guide, the Bag Projection Technicians explain to you when the spouse becomes the universal heir of the deceased’s estate. In the following paragraphs we will deal with the cases in which the right is acquired. Also, we’ll see what happens in the presence of a will and other heirs.
What happens if there are other legitimate heirs
Advancing age presents you with some reflections on your existence and your relationship with your spouse. You have cultivated a deep relationship and you would like your better half to be the universal heir of your possessions. However, you do not know exactly how it works in these cases and when the spouse becomes the universal heir of the estate. To this question it is possible to give different answers that consider family situations different from each other. Let’s try to explain ourselves better. The presence or absence of a will may not make a difference. What matters is to understand whether other legitimate heirs are also present in the axis. According to theart. 565 of the civil codein fact, the so-called legitimate share must always be taken into account. What does it mean? Basically, even the presence of a will, the legitimates cannot be excluded from the inheritance. This means that even if you have decided to allocate all the assets to your spouse but you also have children, they are entitled to a legitimate share. Not even a will in favor of just one could exclude them from this minimal portion of inheritance.
What if there are no other heirs instead?
So when does the spouse become the universal heir of the estate? Taking into account what we have illustrated, we can say that there are basically two cases of universality. In the absence of a will, he inherits all the assets of the deceased if there are no ascendants and descendants, i.e. children or parents, brothers or sisters of the deceased. This rule also applies to separated spouses as long as there is no charge, that is, the spouse is not responsible for the conclusion of the marriage. These cases include those situations of betrayal, abuse, abandonment of the marital home or acts of violence. Here, then, in which cases the spouse becomes universal heir.
Deepening
Which relatives have to pay the family member’s funeral expenses?
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