00:00This is a concern that is not unusual and that people raise when they are going to process an inheritance.
00:05It relates to the possibility that the nephews of the deceased have to intervene within said procedure.
00:14Can they do so or not, and if so, under what conditions and in what circumstances?
00:20In this regard, let's say that nephews can eventually intervene in their uncle's succession.
00:28under two modalities or through two different mechanisms.
00:33The first, directly, in development of the rights conferred upon them by law
00:40by occupying what is known as the fourth order of succession.
00:45What does this fourth order of succession mean?
00:48This means that if the deceased did not leave heirs of the first order, who would be the descendants,
00:55That is, he left no children, grandchildren, great-grandchildren, etc., nor did he leave any second-order heirs such as
01:01neither ascendants, parents, grandparents, etc., nor those of the third order such as their siblings
01:07and the spouse, then the nephews appear in the fourth order
01:13so that they can claim directly what is eventually due to them
01:19within the succession.
01:21The other possibility that the nephews have to participate in the aforementioned procedure is
01:28through or by means of the figure of representation.
01:32What does it consist of?
01:34This occurs when the deceased left no heirs of the first order, nor of the second order.
01:42but yes of the third order, that is, when the deceased left siblings.
01:46siblings. When the deceased left siblings and one or some of those siblings
01:51has died, the children of those brothers of the deceased, that is, the nephews of the deceased,
01:57They can claim what that brother would have been entitled to within the inheritance.
02:04Not directly, because we are not dealing with the fourth order, but through the figure
02:09of the representation insofar as the nephews come in to replace one of the
02:15third-order heirs, who was one of the deceased's brothers.
02:20A fundamental difference between the possibility that nephews have of inheriting through
02:26directly or through representation.
02:29When they inherit directly, the inheritance must be divided per head, expression
02:35which uses the Civil Code. What does that mean? That the amount to be divided is divided
02:42between the number of nephews and each of them will receive exactly one part
02:48the same as the others. Whereas when one inherits by representation it is done by lineage,
02:56The same expression is used by the Civil Code. What does it mean? That nephews are not allowed to...
03:03will correspond exactly the same as to the other heirs, but to them only
03:08and they will exclusively receive what their father, that is, the brother of the deceased, received
03:14what would have been due in the inheritance. That is, what that brother would have been awarded.
03:19It will be divided, it will be divided in turn, sorry, among the number of children or nephews he had
03:26Regarding the deceased. We hope to have shed some light on this issue, especially for those
03:34nephews, as well as those who regularly follow us.
