The estate split is one of the main principles that govern the succession of inheritance. It complements the rule of the order of the heirs and that of the representation of a deceased parent. It makes it possible to allocate wealth equitably between the maternal line and the paternal line when there are no descendants, collaterals or spouses.
What is the estate slot?
The estate split is one of the principles of the legal devolution of succession such as the order of the heirs, the degree of kinship, and the representation. According to article 737 of the Civil Code, the succession slot is defined as follows: " when the deceased leaves no posterity, brother, sister, or descendants of the latter, his father and mother each succeed him by half ».
In other words, if the deceased does not leave descendants, collaterals (brothers and sisters, nephews and nieces), or spouse, the inheritance goes back to the ancestors (parents and grandparents). The estate slot comes then split the estate into 2: the maternal branch and the paternal branch. Each branch will inherit equally.
Estate split: how does it work?
In the context of an estate, assessing heirs' shares can prove to be a real headache. The estate gap complicates the procedure further.
To simplify things a little, take a concrete example. If the deceased X leaves neither spouse, child nor brother and sister, his estate assets will be half divided between his mother and his father. If the father is dead and the paternal grandparents of the deceased are still alive, they can also claim a share of the inheritance.
In this case, the mother of the deceased will inherit half of the heritage, A quarter will return to the paternal grandmother and A quarter to the paternal grandfather. In the case where the deceased leaves parents and a surviving spouse, half of the inheritance belongs to the spouse and the other half to the parents.
The estate split also plays a role between ordinary collaterals (uncles and aunts of the deceased). If they are the sole heirs of the deceased, the collaterals of the paternal line and those of the maternal line will share the inheritance equally. The estate slot was created for avoid many conflicts at time divide the heritage of the deceased and to avoid misappropriation of inheritance.