ab intestato

ab intestato

‘from an intestate’. See INTESTACY.
Collins Dictionary of Law © W.J. Stewart, 2006
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A: Article 992 enunciates what is so commonly referred to in the rules on succession as the 'principle of absolute separation between the legitimate family and the illegitimate family.' The doctrine rejects succession ab intestato (when a deceased dies without a valid will) in the collateral line between legitimate relatives, on the one hand, and illegitimate relatives, on the other hand, although it does not totally disavow such succession in the direct line.
A: Article 992 of the New Civil Code prohibits absolutely a succession ab intestato between the illegitimate child and the legitimate children and relatives of the father or mother of said legitimate child.
Thus, it has ruled that where the illegitimate child had half-brothers who were legitimate, the latter had no right to the former's inheritance; that the legitimate collateral relatives of the mother cannot succeed from her illegitimate child; that a natural child cannot represent his natural father in the succession to the estate of the legitimate grandparent; that the natural daughter cannot succeed to the estate of her deceased uncle who is a legitimate brother of her natural father; and that an illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father.
Zedler's Universal Lexicon does have an entry for a jurist, 'Borcholten, (Jo.)', giving his dates as 1535-94, but the list of his legal publications does not include a book answering to this description.(9) Yet again, the Frankfurt catalogue for 1589 proves helpful, listing 'De gradibus tractatus, in quo de matrimonio & successionibus ab intestato, agitur.