What Is The Inheritance Share Of The Surviving Spouse?
In inheritance cases, individuals who remain as heirs face serious problems in sharing the inheritance and are hesitant to determine their legal rights. In this context, clarifying this issue is very important for the heir. Therefore, you can find the answers to questions such as how much share the surviving spouse will receive from the inheritance, how much the spouse’s share will be in the inheritance, and how much the spouse will receive in the distribution of the inheritance in the rest of the article.
What is the surviving spouse’s share of the inheritance?
First, it is necessary to mention that in inheritance law, the distribution of the inheritance is based on the order of inheritance or, in other words, the class system. This means that the inheritance or legal share of the inheritance a person receives depends on who else is an heir. Regarding the classes:
The children and grandchildren of the deceased form the first class,
The parents, siblings, and their children of the deceased form the second class,
The grandparents of the deceased and their descendants (i.e., the deceased’s uncles, aunts, and their descendants) form the third class.
As can be seen, the surviving spouse is not included in any group. Therefore, as mentioned above, if there is no will, the share of the surviving spouse in the inheritance will vary depending on who the other heirs are, i.e., which group they belong to. Consequently, the distribution of the inheritance is first carried out in accordance with the will, if there is one, without affecting the reserved shares of the inheritance.
How is the share of the surviving spouse in the inheritance determined?
In this regard, it must first be determined who the legal heirs are. In other words, it must be determined with which group the surviving spouse is an heir.
1. If the surviving spouse is an heir alongside the deceased’s descendants (i.e., the deceased’s children and grandchildren), the surviving spouse’s share of the inheritance is one-fourth of the estate. The remaining three-fourths is divided among the other heirs, i.e., the deceased’s children and grandchildren.
2. If the surviving spouse is an heir alongside the deceased’s parents and siblings, the spouse’s share is half of the estate.
3. If the surviving spouse is an heir alongside the deceased’s grandparents, uncles, aunts, and cousins, the surviving spouse’s share of the inheritance is three-quarters.
Additionally, it should be noted that for the surviving spouse to benefit from the inheritance,
the marriage must have been officially registered.