How inheritance is divided between brothers and sisters

The brothers and sisters of the deceased are not legitimate heirs, therefore the testator can exclude them from the inheritance or in any case have full freedom in determining their share.
At the same time, if there is no will, brothers and sisters do not inherit if there are legitimate heirs, but only in their absence.
On the contrary, the children of the deceased, brothers and sisters between them, always inherit and are entitled to a share established by law which cannot be reduced to them.
Whether they are the brothers of the deceased or his children, they all have the same position in the inheritance, linked to the same degree of kinship.
Consequently, the overall inheritance share belongs to the "brothers and sisters" category but must then be divided for each of them.
This only applies to the deceased's siblings, children, grandchildren and uncles.
All the other heirs, however, are individually or at most in pairs (parents, grandparents).
In some cases these heirs are entitled to pre-established shares of the inheritance.
This is how inheritance is divided between brothers and sisters according to the law.
How the inheritance is divided between brothers and sisters of the deceased The inheritance share due to brothers and sisters of the deceased is decided by the will or by law, but the method of division is always the same.
In particular, the Civil Code distinguishes between full siblings and unilateral siblings.
Full siblings have both parents in common, while unilateral siblings have only one parent in common, it is not relevant whether it is the father or the mother.
This difference is very relevant according to inheritance laws, since unilateral siblings are entitled to half of what is due to full siblings.
Hypothetically, if brothers and sisters are universal heirs, full siblings are entitled to 2/3 of the inheritance, while unilateral siblings are entitled to the remaining third.
The shares thus obtained must be divided into equal parts, so that each of the full brothers and sisters obtains the same portion of the hereditary assets and that the shares of the unilateral brothers and sisters are also equal to each other.
Apart from this rule, the heirs among their brothers and sisters share the same position in the inheritance and are always entitled to the same portion of the estate, without distinctions of any kind.
read also When do siblings inherit? How division works when multiple brothers and sisters are heirs Unless they are the brothers and sisters of the deceased, any succession concerning heirs among their brothers and sisters does not take into account different information than that applied to other heirs.
This is because, very simply, only the relationship between brothers and sisters depends on the commonality of two relatives, the parents, while in all other cases this is not the case.
Regarding children, for example, the only information that matters is parentage status.
There is no longer any distinction between legitimate, natural (born out of wedlock) or adopted children.
As long as there is the state of filiation they are all equal before the law and the hereditary share is divided between them in equal parts.
Likewise, the children of the spouse of the deceased are not entitled to inheritance, unless the latter had previously recognized or adopted them.
The same also applies to other heirs, for example the grandchildren of a deceased grandfather.
In the latter case, only the grandfather's grandchildren are called upon to inherit, and they divide the share equally.
Any brothers and sisters of the heirs who are one-sided and unrelated to the deceased are not entitled to inheritance.
read also When do grandchildren inherit? Finally, the share due to the uncles is also divided into equal parts without line distinctions (maternal or paternal uncles).
Even in this case, in fact, kinship is by nature due to the bond with only one of the parents.
The inheritance does not go to the so-called step-uncles, i.e.
the spouses of consanguineous uncles who have no family ties or affinity with the deceased.

Author: Hermes A.I.

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