In other words, the testator's estate will be divided equally among those who are in each parentale, i.e., between the testator's children - in the first parentale; between his parents - in the second parentale; and between his parents' parents - in the third parentale. Therefore, when the testator does not have a spouse or children (and their descendants, who follow in their shoes), his estate will be divided Equal to Equal Among his parents (who are, as mentioned, in the second Parentella).
- As explained above, when the testator's relatives died before him, the aforesaid applies Section 14(a) By virtue of the law, the children of the testator's relatives come in their shoes as their substitutes. The manner in which the testator's estate is divided between those successors is fixed In section 14(b) to the law, at the center of the discussion before us, its language is as follows:
Children who inherit under subsection (a) shall equally divide between themselves what they inherited in this way.
If so, the testator's children "share his inheritance equally" (Article 13 to the law). On the other hand, Children who inherit the testator as substitutes for their parents, they share equally - this is to be remembered - only the "What they inherited in this way", in the words of Section 14(b) of the law. What emerges from this is these two;
First, Substitute of a person according to Section 14(a) The aforementioned can only be "his child." In any case, a person cannot be a substitute for someone who is not He ordered it.
Second, the share of his parent's successor in the testator's estate is derived only from his parent's share in the testator's estate, if his parent had been alive at the time of the testator's death.
If so, the equal division is fixed In section 14(b) The Law Between Children Who Inherit As Substitutes of their parents, refers to For equality between all Alternate Brothers Group In relation to their joint parent's share in the testator's estate. In doing so, he adopted The Inheritance Law Principle of Division by "races" (per stirpes).
- In order to simplify the division according to this method, and to facilitate its understanding for the purpose of applying it to the circumstances of our case, I will illustrate below the manner in which the said division works in typical situations, which are not in dispute.
If, for example, a testator leaves behind five children, they share the inheritance equally (in accordance with the provisions Article 13 to the law), so that each child inherits one-fifth of the testator's estate. In the event that one of the testator's children dies before him, leaving behind him, for example, two children (who are the testator's grandchildren), the testator's four surviving children inherit one-fifth each, and the two children of the testator's child who died before him (the testator's two grandchildren), are divided among themselves Evenly (by virtue of Section 14(b) of the law), the portion of the testator's inheritance that should have been inherited by their father (one-fifth), so that each of them inherits one-tenth of the testator's estate (see, for example: Corinaldi, at pp. 95-97).