This is also the case in a case where the testator has only grandchildren left. For example, if the testator had two sons who died before him, when the first son has two children and the second son has three children; The two grandchildren who are the children of the first son will divide between them, equally, half of the testator's estate to which their father was entitled, and therefore each will inherit a quarter of the estate (half of the estate); and the three grandchildren, who are the children of the second son, will divide between them, equally, half of the testator's estate to which their father was entitled, and therefore each of them will inherit one-sixth of the estate (one-third of half of the estate).
- Thus, in the last example, despite the degree of identical closeness of the actual heirs - the grandchildren - to the testator (their grandfather), the result is that there will be grandchildren who will inherit a larger share of the grandfather's estate than the other grandchildren. This is because according to Section 14(b) of the law, and the division according to the "races" adopted in its framework, each of the grandchildren who inherits the testator's grandfather As a substitute for his parent - Inherits only from the part thatHis own parent He was entitled to it from his grandfather's estate.
00 It is important to note that this principle of division according to "races" is distinct from the principle of division by "skull" (per capitaIf the law had been adopted, then in the last example, all of the testator's children would have died before him, and he would have five grandchildren - all of whom were of the same degree of family kinship to the testator - the testator's estate would have been divided equally among the five of them, so that each grandchild would have inherited one-fifth of the testator's estate (see: Shilo, at pp. 154-155; Corinaldi, at pp. 85-81,95-97).
0
- Division of Inheritance between the Testator's Brothers from Two Parents and His Brothers from One Parent
- The result of all of the above is that the testator's estate is not necessarily divided equally between his siblings from one parent and his siblings from both parents. I'll explain.
As you may recall, By Article 13 According to the law, the testator's parents divide his estate between them in equal parts. In the event that one or both parents died before the testator, then, according to Article 14 According to the law, the children of the parents (the testator's brother) share between them equally the share of the testator's estate thatTheir parent He would have been an heir, if he had been alive at the time of the testator's death. Provided, as stated, that in such a case Brother The testator They share equally only "What they inherited in this way" (as the saying goes) Section 14(b) to the law), in any case, Brother of the testator From one parentwill not inherit part of the testator's estate, which would not have been due toOrdered him of that brother. It should be noted that this conclusion derives from the provision of Section 14(a) to the law according to which, as stated above, a substitute can only be the "child" of the testator's relative who died before the testator's death; Thus, in any case, a person cannot be a substitute for someone who is not He ordered it.