Who is the first inheritance order?

You inquired about the first inheritance order and the spouse's inheritance rights.

To answer first, the first inheritance order under the Civil Act is the lineal descendants of the deceased, that is, children and grandchildren and lower generations.

Adopted children are also included.

The spouse is always included as a co-heir, and inherits jointly with each rank of heir according to the inheritance order.

Statutory inheritance order
1st rank: Lineal descendants
2nd rank: Lineal ascendants
3rd rank: Siblings
4th rank: Collateral relatives within the 4th degree

If there are heirs of each rank, the next rank has no inheritance rights.

Also, the spouse becomes a co-heir with the heirs of each of the above ranks.

That is, when there are children who are first-rank heirs, the spouse and children become co-heirs.

At this time, the spouse must be in a legally married relationship.

A common-law spouse cannot become an heir.

In addition, since the inheritance order and ratio are strictly determined by the family relationship at the time of death, it is important to first accurately confirm the heirs before dividing the property.

If you have complex family relationships or wills, we recommend seeking advice from a legal expert.