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How to inherit if there is no will?

The big question is; how do you inherit if there is no will? What are the steps to follow if you know that a part belongs to you? What do we do if you don't have children? Relax, because everything has a solution.

Indeed, in Mckenzie Lawyers, we know that there are many cases in which a will is not left. It is when doubts arise about how it is inherited if there is no will. When this happens and it is known that there is heritage to inherit, many do not know what to do. The first thing you think about is that it cannot be inherited, because there is nothing registered. But the truth is that by law, you do have the right to inherit. Only, the current guidelines of inheritance would not be followed. Simply, you have to follow an order of preference, in terms of the heirs that we refer to.

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Why is a will not left?

It is not fully understood why a will is not made. Then, the children have to break the coconut to know how it is inherited if there is no will. There are facts, which can be really complicated. Especially if you want to leave part of the money to an NGO , to a child who is going through difficulties . Even the spouse to also receive part. The will can be made from the age of 14, so there are no excuses for not being able to do it before you pass away. You just need to learn more about the advantages and how this process works and you will be more relaxed.

How is it inherited if there is no estate?

Before knowing how to inherit if there is no will, we have to bear in mind that, if there were, it would be much easier. It is ordered in three thirds. A part is received in equal parts by children and others mentioned. Another third, destined to improvement for all or certain children. And finally, the third dedicated to free choice. Where the children or any family member has the right to revoke. Because it is the money intended for the will of the testator. Knowing that, when there is no will, it is passed to another type of inheritance, where no changes can be made.


It would be the first line of succession. What is known as the legitimate heir. But here all the children would enter, not just the first. In this case, all equally, will receive a fair share of the inheritance. If it turns out that it is not an economic inheritance, the heritage will be valued. In this way, after its valuation and appraisal, it will be distributed trying to be equitable. On the one hand it is quite good, but if you want to help a certain child or spouse more, you will not be able to, because there is no official will.


In the event that the testator does not leave children, the next in line of succession would be his parents. Or, where appropriate, legal guardians, if the biological parents are not located. They would not be the nephews and much less the spouse or partner. Although they have been married for many years, if there is no official document involved, which testifies that part of the inheritance is for the couple, they still would not see anything of it. So, they would be the testator's parents. If they do not live, the grandparents would be sought or, in extreme cases and also possible, the great-grandparents.

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This is when the couple is the one who would receive all the money or assets, in the event that the testator had no children and the parents and grandparents of the same did not live. It would go from the descending and ascending plane, to the horizontal plane. The entire inheritance would fall on the couple. On the one hand, it is fine, but in the event that there were debts, the couple would also be in charge of carrying them. That is why the will is important for things like that.


On the other hand, if we do not know how it is inherited if there is no testament and none of these above, the heirs would be the brothers and sisters of the same. If you are not married, have no children and the parents are deceased, the inheritance would be shared equally among all the siblings. In the event that one of the siblings is deceased, but has children, these would become the heirs of the part that corresponds to them. If they are minors, the state or legal guardian must keep the inheritance in a mandatory way, until they can make use of it.


If, unfortunately, we find that there are no legitimate heirs, no parents or grandparents, no partner or siblings, we return to a vertical plane. But this time, we move to a plane that is much broader, since the next heirs would be the cousins. That is, the children of the testator's parents' siblings. And since it is usually a larger number, because the two branches are served, the inheritance would be smaller. But it will always continue to be distributed fairly.

The state

Finally, if it is not known how it is inherited when there is no testament, this last step must be taken into account. If the inheritance has no one to hand over to, it goes directly to the state.

The importance of leaving a will

There are no excuses. If we do not want to end up wondering how it is inherited if there is no will, we must be careful and go a few steps ahead. There are no excuses. You can even create your will, from abroad. There are many advantages when on making a will. Among them, leave everything tied and well tied. Ensuring that all your loved ones will receive a part of your legacy. Although the will is divided into three, it does not mean that the improvement is also shared between the children and the couple and that the part destined for free choice, has the same destination. You can do what you want with your inheritance, but you must leave it well emphasized in an official way.

Contact Mckenzie Lawyers professionals

You already know how it is inherited when there is no will and although it seems simple, it is a bit confusing. For this, you know that you have to walk with papers from one place to another, to confirm that something belongs to you in inheritance. It is best to contact Mckenzie Lawyers, and leave the will made from the beginning. To later modify it, whenever you want. Our Mckenzie Lawyers team is a trained and experienced team. Specialized in the field of inheritances and successions. So don't worry. You are in good hands and these professionals will be in charge of leaving everything well tied for the future.


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