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Inheritance law · 2026-01-08 · 6 minutes

When brothers and sisters inherit

Brothers and sisters are not in the first group if the deceased leaves a partner or a child. The first group comes first. A brother does not then become an heir alongside a child because he always joined in the thinking. In the file he remains a relative, not a person entitled, so long as there is a partner or a child and the will does not name him as heir. Note the partner or the child with a source, and note the brother or sister separately as a family member. Those two lines must not collapse into one field. Ervazo moves nobody forward because the first group feels awkward.

Only when there is no partner and no child can brothers and sisters inherit, together with the parents if there are any. Even then the family is not one person. You make a line of its own for each brother and each sister: name, date of birth if you have it, and whether he or she is alive. A deceased brother stays on the list, with the date of death, because his children can take his place. You do not write the family on the mother's side as a single entry. Such an entry cannot be written to, cannot be asked to choose and cannot be put into the division.

Each person should have a source. An extract, a name on an old card or the word of an uncle are not all equally solid. You show how solid it is by naming the source, not by a score. Someone you cannot find remains an open person: brother or sister, name still unknown, enquiry at the municipality or with the family. You do not strike an untraceable brother in order to make the list close. A list that closes by leaving someone out is wrong. Ervazo does not supply a missing name from a search engine or from a guess.

A partner or a child in the first group keeps the brother or sister out of that group, unless the deed provides otherwise. Do not divide the estate by the number of brothers and sisters you happen to know. The number is a datum only once the list is complete, and even then the deed or the statute determines the share, not a division in the software. Ervazo does not calculate that share and makes no deed.