Does the uncle or aunt inherit?

Does the uncle or aunt inherit?

Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.

Yes, the uncle or aunt may inherit, but they are relatives, do not have an imposed share, and do not inherit by agnatic kinship.

Article two hundred and thirty-two of the Personal Status Law stipulates:

The relatives are any relative who does not inherit by imposition or agnatic kinship.

Article 233 stipulates that relatives have three parties, including maternity:

The aspect of motherhood, which includes everyone whose mercy is connected to the dead through the mother, and they are the following relatives:

A- The non-inheriting grandfather, in accordance with the provisions of Paragraph (1) of Article (two hundred and twelfth) of this law.

B- The non-inheriting grandmother, in accordance with the provisions of Paragraph (1) of Article (two hundred and fourteenth) of this law.

C- Uncle.

D- Aunt.

E- The brother and sister were born to a mother.

And – the children of former relatives.

The uncle or aunt does not inherit except in the two cases specified in Article Two Hundred and Thirty-Four:

Surrogates inherit in either of the following two cases:

• If there is no heir, by imposition or agnatic kinship.
• If one of the spouses exists and there is no heir with him, by imposition or agnatic kinship.

Accordingly:

• The uncle or aunt inherits if there is no heir by default or by agnatic kinship.
• The uncle or aunt inherits with the husband alone or the wife alone, if there is no other heir with one of them by imposition or agnatic kinship.
• An uncle or aunt shall not inherit if there is an heir by imposition or by agnatic kinship other than the husband or wife, such as a father, mother, son, daughter, full brother, or deserving uncle.

When an uncle, aunt, or other family member meets, Article 235 states:

Inheriting relatives by placing each one of them in the status of the heirs who provided it is an inheritance and withholding, without a distinction between the male share and the female share.

Conclusion: The uncle and aunt inherit when there are no heirs under guardianship or agnates, or with one of the spouses only if there is no other heir under guardianship or agnates. The preference of the uncle over the aunt is not due to masculinity alone in the inheritance of relatives.

For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.

References

• Article Two Hundred and Thirty-Two of the Personal Status Law and its regulations
• Article two hundred and thirty-three of the Personal Status Law and its regulations
• Article Two Hundred and Thirty-Four of the Personal Status Law and its regulations
• Article Two Hundred and Thirty-Five of the Personal Status Law and its regulations