(The obligatory will)
Conditions of Obligation of the Obligatory Will:
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* The bequest should not have given these branches without compensation through another act - such as a gift - which is equal to the amount of the will.
* They do not deserve anything from the inheritance, not by imposition or blindfolding; if they deserve an inheritance, even if it is only a little, then they do not have an obligatory trustee. They must be veiled in order to deserve the Obligatory Will.
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Those who are entitled to the obligatory will:
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* People of the first class from the children of a girl who died in the life of her parents, or one of them. It is not worth the son of the girl.
* Children of sons are children of apparition, even if they go down; Provided that each of them obscures its branch without another branch, and even if the share of each asset is divided among its branch, even if a division of the inheritance comes down.
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The amount of the obligatory will: -
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The obligatory will be as it was
The child who died in the life of his origin is entitled to an inheritance in his estate if he was alive at the time of his death, provided that it does not exceed a third.
If the bequeathed the bequest to this extent is sufficient, and if he does not recommend anything, the will in the estate shall be executed by the force of law within a third.
And if the will is less than what his son deserves, if he was alive, he should complete his share that he was entitled to, provided that it does not exceed one third.
If the will is more than a third
Carried out within a third; The more than one-third becomes a choice guardian dependent on the heirs' leave.
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How to extract the obligatory will: -
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We consider the boy who died in the life of his inheritor alive; His share of the estate is estimated provided that it does not exceed a third. Then we take out this share of the estate, we give it to those who deserve the will, and divide among them an inheritance division. And the rest after taking out the amount of the obligatory will be divided
On the heirs according to their legal status.
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