Part Ⅴ Succession
CHAPTER I HEIRS TO PROPERTY
Heirs to property other than the spouse come in the following order:
(1) Lineal descendants by blood;
(3) Brothers and sisters;
Among persons of the first order provided in the preceding Article, the person nearest in degree of relationship comes first as the heir.
Where an heir of the first order provided in Article 1138 has died or lost the right to inheritance before the opening of the succession, his lineal descendants shall inherit his entitled portion in his place.
Where there are several heirs of the same order, they inherit is equal shares as per capita, unless it is otherwise provided by law.
Each spouse has the right to inherit the property of the other, and his or her entitled portion is determined according to the following Subparagraphs:
(1) Where the spouse inherits concurrently with heirs of the first order, as provided in Article 1138, his or her entitled portion is equal to the other heirs;
(2) Where the spouse inherits concurrently with heirs of the second or third order as provided in Article 1138, his or her entitled portion is one-half of the inheritance;
(3) Where the spouse inherits concurrently with heirs of the fourth order as provided in Article 1138, his or her entitled portion is two-thirds of the inheritance;
(4) Where there is no heir of any of the four orders provided in Article 1138, his or her entitled portion is the entirety of the inheritance.
A person shall forfeit his right to inherit in any of the following events:
(1) Where he has been sentenced to criminal penalty for having intentionally caused or attempted the death of the deceased or of a person entitled to inherit;
(2) Where he has, by fraud or by duress, induced the deceased to make, withdraw or alter a will relating to inheritance;
(3) Where he has, by fraud or by duress, prevented the deceased from making, withdrawing or altering a will relating to inheritance;
(4) Where he has forged, altered, concealed or destroyed the deceased's will relating to inheritance;
(5) Where he seriously ill-treated or insulted the deceased and has been forbidden to inherit by the deceased.
If, in the cases provided by Subparagraphs 2 to 4 of the preceding Paragraph, the deceased has forgiven the offender, his right to inherit is reassumed.
Where the right to inherit has been infringed upon, the injured party or his statutory agent may claim its restitution.
The right to claim as provided in the preceding Paragraph is extinguished if not exercised within two years from the date of knowing such infringement. The same rule applies where ten years have elapsed from the time of the opening of the succession.