The deceased is the person whose assets, rights and obligations the heir receives.
An heir is a person who has the right to receive property, rights and obligations from a deceased person, known as the deceased or testator , through a legal process called inheritance, which may include property, financial assets, debts and other assets. .
Heirs are central to the probate legal system, which determines how a deceased person's assets will be distributed among his or her descendants, spouse, or other beneficiaries designated in a will. Heirs can influence the distribution of wealth and the economic structure of a society, as inheritance often includes property and financial resources.
In some cultures, traditions and practices related to heritage play a crucial role in the transmission of family values, identity, and cultural heritage . In biology, the term heir can refer to offspring who inherit genetic characteristics from their parents. Genetic inheritance is a key process in the transmission of genetic information from one generation to another.
Concepts, roles and tools
The concept of heir is intrinsically linked to the complex network of legal provisions and cultural traditions that govern the transmission of goods and rights from one generation to another . In the legal field, an heir is that individual designated to receive them from a deceased person, either by will or in accordance with the laws of intestate succession.
The succession process begins with the death of the owner of the assets, at which time a series of legal and notarial mechanisms are activated. Both the open public will and the holographic will are fundamental tools to express the wishes of the deceased regarding the distribution of their assets . The figure of the notary plays a crucial role in certifying the authenticity and legality of these testamentary documents, providing legal support to the process.
The executor , appointed in the will or by the court, acts as the deceased's representative in the administration and distribution of the estate. Their work includes the settlement of inheritance debts, the payment of legacies and the management of testamentary procedures. In cases of joint heirs, the executor becomes an essential mediator to ensure a fair division of assets.
Genealogy , legitimation and cultural inheritance are intertwined to shape the identity of the heirs, who become bearers of a rich family history . The transmission of hereditary assets goes beyond the material, encompassing intangible elements such as values, traditions and cultural heritage.
The succession trial emerges as a legal process to resolve possible disputes between heirs, validate the authenticity of the will and guarantee an equitable distribution of assets. The acceptance of inheritance (as opposed to the renunciation of inheritance ), the transfer of rights and prescription are key aspects that influence the development of this process.
Hereditary assets , which may include real estate, jewelry, and other assets, enter the partition phase, where the final distribution among heirs is determined. Co-ownership can arise as a form of coexistence between several beneficiaries over the same asset, generating the need for agreements and shared management.
In case of disputes between heirs, the succession trial arises to resolve them.
Legitimate or forced heir
The legitimate or forced heir is one who has the right to inherit a specific portion of the deceased's property under the laws of succession , regardless of the provisions established in the will. This concept usually varies by jurisdiction and may be based on legal, cultural or religious norms.
Rights of the legitimate or forced heir:
- to a legitimate portion : receiving a specific part of the inheritance, known as "legitimate." This portion is usually determined by law and may vary depending on the heir's relationship to the deceased;
- Protection against total disinheritance : In many jurisdictions, laws protect legitimate heirs against total disinheritance. Although the deceased is free to designate who inherits, there are provisions that ensure that certain close individuals receive at least a minimal share;
- to claim the legitimate portion: In the event that testamentary provisions are made that violate the rights of the legitimate heir, he or she can generally challenge the will by law and claim his or her legitimate portion.
Obligations of the legitimate or forced heir:
- comply with legal formalities : follow established legal procedures to claim your inheritance. This may include submitting documents and participating in court proceedings if necessary;
- respect legal provisions : although the legitimate heir has guaranteed rights, he is also obliged to respect the legal provisions governing inheritance. This may include recognition of other legitimate inheritances and respect for valid testamentary decisions;
- fulfill fiduciary duties : In some cases, legitimate heirs may have fiduciary duties toward other beneficiaries, such as siblings or spouses. This could include sharing the inheritance equally under applicable laws.
The notary must certify the authenticity and legality of the testamentary documents.
Fiduciary heir
In certain legal contexts, a fiduciary heir is one who inherits property or assets through a trust , a legal arrangement in which a person, called a trustor , grants ownership of certain property or assets to a trustee, who is responsible for managing and distribute those assets according to established instructions. Fiduciary heirs are the beneficiaries designated to receive these assets after the death of the trustor.
Instead of inheriting directly through a will, a person can establish a trust for the distribution of their assets after their death. The rights of the fiduciary heir are derived from the terms of the trust, and may include access to certain assets, economic benefits, or any other provision established by the trustor.
The creation and management of trusts are subject to specific legal requirements . Fiduciary heirs and fiduciaries must ensure that they comply with all relevant laws and regulations. It is important to note that the exact terminology and rules governing trusts can vary by legal jurisdiction.
Additionally, trusts can have diverse purposes , such as estate planning, asset protection, or benefit management for beneficiaries with special needs.
voluntary heir
A voluntary heir is one who receives a portion of the estate due to the express choice of the deceased , as set forth in a will or other legal document. The designation of heir may depend on the personal relationship between the two, and may include friends, business associates or any individual chosen by the deceased.
In the context of a succession, we must distinguish between legatees and heirs:
- Legatees are those who receive specific and determined property or assets from the deceased's estate. These are known as legacies and may include specific properties, sums of money, jewelry or other specific objects;
- Heirs , on the other hand, receive a general portion of the inheritance, which may include non-specific assets, property, debts, and other estate items.
In short, while voluntary heirs are those designated by the deceased through their own choice, legatees are individuals designated to receive specific property or assets. This distinction allows the distribution of the assets to be personalized according to the wishes and particular circumstances of the testator. Both concepts are integral parts of estate planning and the legal succession process.