1. Inheritance by will
Clause 2, Article 626 of the 2015 Civil Code stipulates: The testator has the right to divide the inheritance for each heir.
Thus, how much inheritance is received depends on the content of the will if the will is legal (depending on the will of the testator).
Note: The heir does not depend on the contents of the will.
Clause 1, Article 644 of the 2015 Civil Code stipulates: The following persons are still entitled to an inheritance portion equal to 2/3 of the portion of a legal heir if the inheritance is divided according to the law, in case they are not given an inheritance by the testator or are only given an inheritance portion less than 2/3 of that portion:
a) Minors, father, mother, wife, husband.
b) Minors who are unable to work.
Accordingly, minor children, father, mother, wife, husband and adult children who are incapable of working of the testator will receive an inheritance portion equal to 2/3 of the portion of a legal heir if the testator does not give them an inheritance or gives them an inheritance portion less than 2/3 of that portion.
The above provision that the heir is not dependent on the content of the will does not apply to those who refuse to receive the inheritance or who are not entitled to inherit.
2. Inheritance by law
Pursuant to Article 649 and Article 651 of the 2015 Civil Code, the person entitled to inherit by law is the person in the inheritance category and the order of inheritance.
- Inheritance: A person who has a marriage, blood, or foster relationship (adopted child, adoptive father, adoptive mother) with the deceased.
- The order of inheritance is regulated in Clause 1, Article 651 of the 2015 Civil Code, which stipulates the order of inheritance in the following order:
+ First order of inheritance includes: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children, adopted children of the deceased;
+ Second-order heirs include: paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, full brothers, full sisters of the deceased; grandchildren of the deceased who is the paternal grandfather, paternal grandmother, maternal grandfather, or maternal grandmother;
+ Third-order heirs include: paternal and maternal great-grandparents of the deceased; paternal and maternal uncles and aunts of the deceased; nieces and nephews of the deceased who is the paternal and maternal uncle and aunt; great-grandchildren of the deceased who is the paternal and maternal great-grandparents.
Note: Those in the next line of inheritance are only entitled to inherit if there is no one in the previous line of inheritance due to death, lack of inheritance rights, disinheritance or refusal to receive inheritance.
Clause 2, Article 651 of the 2015 Civil Code stipulates: Heirs of the same rank are entitled to equal shares of the inheritance.
Thus, when inheriting according to the law, heirs of the same rank receive equal shares of the inheritance regardless of gender.
Thus, whether a daughter is entitled to the same inheritance as a son when dividing the inheritance of real estate according to a will or not depends on the will of the testator. Inheritance according to the law is entitled to an equal share of the inheritance regardless of gender.
