What is inheritance? Opening of inheritance
Inheritance (succession) is the passing of a dead person's property, rights and duties to other people, called heirs. The dead person is the deceased (or, if they left a will, the testator).
The inheritance opens at the moment of death (or when a court declares a missing person dead). The place of opening is usually the deceased's last home; that is where the notary or court handles the case.
The estate (inheritance mass) includes houses, land, money, shares, vehicles and also debts. Rights tied to the person, such as a pension, alimony or membership of a club, end at death and are not inherited.
Inheritance by will
A will (testament) is a document in which an adult of sound mind decides who gets their property after death. Usual rules:
- It is in writing, dated and signed; many countries need witnesses or a notary.
- The testator can leave property to anyone: family, friends, a charity, the state.
- It can be changed or cancelled at any time; the latest valid will counts.
- Many countries give a compulsory share to minor children, disabled adult children, or a dependent spouse or parent, even if the will leaves them out.
A will made under force or by someone without mental capacity is invalid.
Inheritance by law (no will)
If there is no will, or it is invalid, or it covers only part of the property, inheritance by law (intestate succession) applies. The law groups relatives into lines (classes or circles) by closeness:
- First line: children (including adopted), spouse, parents.
- Next lines: brothers and sisters, grandparents; then uncles and aunts; and so on.
A nearer line excludes the farther ones: if anyone in the first line inherits, the second line gets nothing. Heirs in the same line normally share equally. If a child died before the parent, that child's own children take their place (right of representation). If there are no heirs at all, the estate goes to the state or local community.
Details differ between countries; in India, for example, personal laws of different communities set the classes of heirs, but the idea of nearer heirs first and equal shares is shared.
Acceptance, refusal and division of the inheritance
An heir is not forced to inherit. Within a time limit (often six months from opening) each heir must accept (by applying to a notary or by taking control of the property) or refuse (renounce). If an heir refuses, their share usually goes to the other heirs of the same line.
An heir who accepts also takes on the deceased's debts, but usually only up to the value of the property they receive.
After the time limit, the heirs get a certificate of inheritance and register property (for example, land) in their own names. Then they can divide the estate by agreement (one takes the house and pays the others) or ask a court.
Try it
In the 3D, switch the will off, remove the spouse, the parents and all children. Who inherits now? Then add one child back. At home: ask an adult whether your family's bank accounts have a nominee, and why a nominee helps.
Key formulas and definitions
- Estate = assets − debts (personal rights such as a pension are not included)
- Opening of inheritance: at death, at the last place of residence
- Order: valid will first → otherwise inheritance by law
- Nearer line excludes farther lines; same line shares equally
- Equal share = estate ÷ number of heirs in that line
- Accept or refuse within the time limit; debts paid only up to the inheritance value
Worked examples
1. A man leaves a flat worth 80 lakh and savings of 20 lakh, and owes a bank 10 lakh. What is the estate?
Assets 80 + 20 = 100 lakh. Estate = 100 − 10 = 90 lakh.
2. A woman dies without a will. She leaves a husband and two children; her parents are already dead. Who inherits and how much each, if the estate is 60,000?
Husband and children are first-line heirs. 3 heirs share equally: 60,000 ÷ 3 = 20,000 each.
3. A man dies without a will. He has no spouse, children or parents, but a brother and a sister. Who inherits?
The first line is empty, so the next line, the brother and sister, inherit and share equally.
4. Grandfather left a will giving everything to a friend. His son is 10 years old. What may happen?
In many countries a minor child has a compulsory share, so the son receives at least that share despite the will.
5. Four children inherit 2,00,000. One refuses. How much do the others get?
The refused share goes to the remaining heirs of the same line: 2,00,000 ÷ 3 ≈ 66,667 each.
6. An heir receives property worth 50,000, but the deceased owed 70,000. How much of the debt must the heir pay?
Only up to the value received: 50,000. The heir does not pay the rest from their own money.
Common mistakes
- Thinking the eldest son gets everything; in modern law heirs in the same line share equally, daughters and sons alike.
- Forgetting to subtract debts when working out the estate.
- Believing a will can always cut out minor children; many countries protect a compulsory share.
- Thinking an heir must pay all debts from their own pocket; liability is limited to the value inherited.