General - Heirs & Beneficiaries

What happens to heirs' rights if the deceased made a will?

If the deceased's will is valid, this will take precedence over the instructions of the Inheritance Law of 1965. If the will covers all the deceased's estate, then the beneficiaries under a valid will inherit instead of the beneficiaries under law. If , however, the will is completely invalid, the heirs under law will inherit, instead of the beneficiaries. It is possible that the heirs will inherit part of the estate, with other parts dealt with by the will going to the beneficiaries.

What is the basic rule regarding the inheritance and heirs?

That the deceased's estate will go to his heirs as determined under law, unless there is a valid will which instructs otherwise, in which case it will be divided according to its instructions.

What kind of test is used to determine whether a document written by the deceased constitutes a will?

A test regarding its form – which must comply with the forms listed under the Inheritance Law of 1965 – and a substantial one, regarding its content i.e. if it names beneficiaries, and deals with the fate of the deceased's estate after his death.