How is the inheritance divided if two individuals with mutual inheritance rights pass away at the same time?
Article 619 of the Civil Code 2015 stipulates the inheritance rights of those entitled to inherit each other's estate who die at the same time as follows:
In the case where persons entitled to inherit each other's estate die at the same time or are deemed to have died at the same time because it is impossible to determine who died first (hereinafter collectively referred to as dying at the same time), they shall not inherit each other's estate, and the estate of each person shall be inherited by their own heirs, except for the case of representation inheritance stipulated in Article 652 of this Code.
According to this regulation and the information provided: Mr. A and his son C died at the same time (persons entitled to inherit each other's estate) => A and C shall not inherit each other's estate and the estate of each person shall be inherited by their own heirs, except for the case of representation inheritance.
Article 652 of the Civil Code 2015 stipulates about representation inheritance as follows:
In the event that the child of the person bequeathing the estate dies before or at the same time as the person bequeathing the estate, the grandchild shall inherit the share of the estate that the father or mother of the grandchild would have received if still living; if the grandchild also dies before or at the same time as the person bequeathing the estate, the great-grandchild shall inherit the share of the estate that the father or mother of the great-grandchild would have received if still living.
According to the provided information, Mr. C has a wife, Mrs. H, but no child, so there is no representation inheritance in this case.
=> Thus, upon Mr. A's death, the estate will be divided between his wife, Mrs. B, and his child, D.
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