Inheritance is basically based on blood relationship, so children have the right to inherit inheritance left by parents
Legal grounds:
- Civil Code 2015.
We get the following questions:
I have question, if the husband died while the wife was pregnant, will the children later inherit from the father?
As a general rule, the heir must be the person who is still alive at the time of opening the inheritance (the time when the person leaving the estate dies). However, there are exceptions, specifically:
Pursuant to Articles 613 and 660 of the 2015 Civil Code as follows:
Article 613. Heirs
An heir being an individual must be a person who is still alive at the time of opening the inheritance or is born and is still alive after the time of opening the inheritance but became pregnant before the person leaving the estate died. In case the heir under the will is not an individual, it must exist at the time of opening the inheritance.
Article 660. Distribution of estate according to law
- When dividing the estate, if there is an heir of the same level who has become pregnant but has not yet been born, It must reserve a portion of the estate equal to the portion enjoyed by other heirs so that if such heir is still alive at birth inherit; If he/she dies before birth, the other heirs are entitled to it.
- The heirs have the right to request the division of the estate in kind; if it is not possible to divide equally in kind, the heirs may agree on the valuation of the kind and agree on the recipient of the kind; if no agreement can be reached, the kind will be sold for division.
According to the above provisions:
- When the father dies and the mother is still pregnant, the child will still enjoy the father’s inheritance if the child is born and is still alive.
- When the child has not been born, but the heirs want to divide the inheritance immediately, they must set aside a part of the inheritance for this child.
- If the fetus is at risk of being unable to be born and is still alive, no inheritance rights will arise from the father.
