In the absence of a will, who inherits and how much?

Last update: 10/3/2012

  • If the deceased was unmarried and without children, the following inherit: the deceased’s parents or adoptive parents, the deceased’s grandparents both on the father’s and mother’s side. The following inherit in the absence of heirs of superior degreeparents or in the event of the latter’s renunciation of succession or deprivation of the right to succession: the deceased’s siblings, great grandparents both on the father’s and mother’s side, children of the deceased’s siblings (nephews and nieces), likewise siblings of the deceased’s parents (uncles and aunts), children of the deceased’s parents’ siblings (cousins). The deceased’s grandparents shall inherit by operation of law only in the absence of parents, or in the event of the latter’s non-acceptance or renunciation of succession, likewise in cases where the deceased’s parents are deprived of the right to inherit.
  • If the deceased was unmarried and leaves children, the deceased’s children (including adopted children) and the deceased’s children born after his/her death inherit in equal parts.
  • If the deceased leaves a spouse, the surviving spouse inherits with the second degree heirs (deceased’s parents (adoptive parents)), he/she is entitled to one half of the inheritance.
  • If the deceased leaves a spouse and children: the surviving spouse inherits together with the deceased’s children (adopted children) and the deceased’s children born after his/her death), he/she shall inherit one fourth of the succession in the event of existence of not more than three heirs. In the event where there are more than three heirs, the spouse shall inherit in equal shares with the deceased’s children (adopted children) and the deceased’s children born after his/her death). The children inherit the remainder equally. The share of an already deceased child is devolved to his/her descendants per stirpes (representation).

Do partners of a registered or unregistered partnership inherit?

Registered partnership is determined in the Civil Code of the Republic of Lithuania. However these legal rules are not in force yet so partnership has no legal effects.

What inheritance rights does a surviving partner of a registered or unregistered partnership have?

A surviving partner has no inheritance rights by intestate succession. However, a partner can only become an heir if a will provides it.

Detailed information

In intestate succession, the following persons shall be heirs to inheritance in equal shares:

1st degree descendants: the deceased’s children (including adopted children) and the deceased’s children born after his/her death;
2nd degree: the deceased’s parents (adoptive parents), grandchildren;
3rd degree: the deceased’s grandparents both on the father’s and mother’s side, the deceased’s great grandchildren;
4th degree: the deceased’s brothers and sisters, great grandparents both on the father’s and mother’s side;
5th degree: children of the deceased’s brothers and sisters (nephews and nieces), likewise brothers and sisters of the deceased’s parents (uncles and aunts);
6th degree: children of the deceased’s parents’ brothers and sisters (cousins).
Second degree heirs shall inherit by operation of law only in the absence of the 1st degree heirs, or in the event of the latter’s non-acceptance or renunciation of succession, likewise in cases where the 1st degree heirs are deprived of the right to inherit. The 3rd, 4th, 5th and 6th degree heirs shall inherit in the absence of heirs of superior degree or in the event of the latter’s renunciation of succession or deprivation of the right to succession (§ 5.11 CC).

The surviving spouse of the deceased is entitled to inherit pursuant to intestate succession or alongside the heirs (if any) of either the 1st or 2nd degree of descent. Together with the 1st degree heirs, he/she shall inherit 1/4 of the inheritance if there are not more than three heirs apart from the spouse. If there are more than three heirs, the spouse inherits in equal shares with the other heirs. If the spouse inherits with the 2nd degree heirs, he is entitled to 1/2 of the succession. In the absence of the 1st and 2nd degree heirs, the spouse inherits the whole estate (§ 5.13 CC).

What are the rights in the succession of partners of registered or non-registered partnerships?
There are no specifically regulated rights in Lithuanian legislation for the succession of partners with the exception outlined in § 3.232 CC.