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2024-07-30

| Division of Inheritance | How to Calculate the Spouse's Inheritance Ratio What is inheritance division litigation?

 

What is an inheritance distribution lawsuit?

 

When a family member passes away, there are usually multiple heirs. At this time, the inheritance belongs to the common ownership of all heirs, and its use requires the consent of all heirs. However, this method is inevitably troublesome, so it is usually necessary for the heirs to divide the inheritance according to the law or agreed proportions to eliminate the common ownership relationship, which is called inheritance division. This can be further divided into testamentary division, agreement division, etc. However, involving property often complicates people's minds, even with blood relations. In practice, disputes over inheritance ratios, amounts, and distribution methods are common among family members. When the heirs cannot reach an agreement, any heir can request the court to conduct division litigation through a judgment.
 

How to calculate the spouse's inheritance ratio

 

According to Article 1138 of the Civil Code, the order of inheritance is as follows: direct descendants, parents, siblings, and grandparents. The spouse's inheritance ratio is stipulated in various sections of Article 1144 of the Civil Code, explained as follows:

 

Section of Article 1144

Content

Example

First section (Inheritance with direct descendants)

When inheriting with the first-order heirs as stipulated in Article 1138, the spouse’s share is equal to that of the other heirs.

If the heirs are spouse A and two children B and C, the spouse’s share will be equally divided among A, B, and C. Assuming the inheritance is 3 million, A will inherit 1 million.

Second section (Inheritance with parents or siblings)

When inheriting with second-order or third-order heirs as stipulated in Article 1138, the spouse’s share is half of the inheritance.

If the heirs are spouse A and the deceased's parents B and C, with no children, the spouse’s share will be half of the inheritance. Assuming the inheritance is 3 million, A will inherit 1.5 million, and the remaining 1.5 million will be equally divided between B and C.

Third section (Inheritance with grandparents)

When inheriting with fourth-order heirs as stipulated in Article 1138, the spouse’s share is two-thirds of the inheritance.

If the heirs are spouse A and the deceased's grandparents B and C, with no children, parents, or siblings, the spouse’s share will be two-thirds of the inheritance. Assuming the inheritance is 3 million, A will inherit 2 million, and the remaining 1 million will be equally divided between B and C.

Fourth section (No other heirs)

If there are no first to fourth-order heirs as stipulated in Article 1138, the spouse will inherit the entire inheritance.

If the only heir is spouse A, with no other order of heirs, A will inherit the entire inheritance.
 


Case Background

 

Xiao De's beloved wife, over eighty years old, peacefully passed away after spending her final years. Unexpectedly, Xiao De discovered that the youngest of his three sons had secretly withdrawn part of the inheritance and occupied an immovable property for personal use. Reflecting on the many care and medical expenses, including funeral costs, Xiao De had paid without any assistance from his son, he felt disappointed. The complex inheritance procedures and the proportion of inheritance due also left Xiao De confused. Considering his advanced age, he sought help from our firm to assist in the inheritance process and filed an inheritance division lawsuit.


Our Practical Experience

 

Through our investigation, it was found that the funeral and medical expenses of the deceased were all paid by Xiao De, with receipts as evidence. The deceased did not prohibit the division of the inheritance through a will, nor was there an agreement not to divide the inheritance. Our firm's lawyer filed an inheritance division lawsuit with the court according to the law. When there are multiple heirs, before dividing the inheritance, all heirs jointly own the entire inheritance. Any heir can request to divide the inheritance at any time unless otherwise stipulated by law or contract. This is clearly defined in Articles 1151 and 1164 of the Civil Code. Additionally, the division of common property, unless otherwise stipulated by law, follows the regulations for the division of jointly owned property. Ultimately, our lawyer successfully obtained justice for Xiao De, ensuring he inherited his rightful portion.
 

[Continue reading: Inheritance | Limitations on Inheritance for Unfilial Children: Loss of Inheritance Rights] ]




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