Inheritance Law and Inheritance Proceedings
Grounds and opening of succession
Succession opens on death (or a court declaration of death) at the last place of residence of the deceased. Know the two grounds - by law and by will - and the rule that a will does not exclude heirs entitled to a mandatory share. Identify the order of heirs by law, the right of representation, and the treatment of adopted children, stepchildren, and dependants.
Wills
Cover testamentary form (notarial will, closed will, and any statutory special forms), testamentary capacity at the date of execution, the requirement of witnesses, and the rules on revocation and amendment. A frequent trap: a will that disinherits a mandatory-share heir is invalid to that extent, not entirely void.
Acceptance, renunciation, and the certificate
The heir must accept within the statutory term; acceptance may be formal (application to a notary) or by conduct (taking possession). Renunciation is irrevocable. The notary opens the inheritance file, notifies known heirs, verifies the estate, and issues the certificate of right to inheritance, which is the document that lets the heir register property. Understand the notary's duty to protect the estate (inventory, custody) and the rules on escheat to the state.
Traps
(1) Missing the deadline and forgetting the possibility of extension or of establishing acceptance by fact. (2) Confusing the place of the notary's file with the place of the property. (3) Forgetting that the certificate can be amended or annulled if new heirs appear. (4) Treating a will as automatically transferring title without a certificate and registration.
Rule of thumb
'Death → Opening → Term → Acceptance → Inventory → Certificate → Registration.' Each arrow is a checkpoint examiners love.
Worked example: A will leaves everything to a charity; the deceased's minor child survives. The child is entitled to the mandatory share; the notary issues the certificate partly to the charity and partly to the child, and the will is invalid only as to the child's mandatory portion.