Whether the pension paid by the unit is within the scope of the estate

According to the provisions of the Inheritance Act, the pension is:Not part of the legacy, but stillYes, it can be inheritedTarget.

A bereavement pension is a cost paid to a disabled person or a deceased person's relatives, and an estate is a personal legal property left by a citizen at the time of his death that can be transferred to others in accordance with the law, and therefore is not attached to the estate of the deceased.

A bereavement pension is a fee paid to a disabled person or a family member of a deceased person. The pension is the state's consolation (including spiritual and material consolation, etc.) and economic compensation for special persons in accordance with relevant regulations. To be eligible for a pension, two conditions must be met:

The first is the immediate family of the deceased, and the second is that these relatives mainly rely on the deceased's support during his lifetime. These two conditions must be met at the same time, and one is indispensable.

On September 29, 2014, the Ministry of Civil Affairs and the Ministry of Finance recently issued a notice to raise the pension and living allowance standards for some veterans and other preferential care recipients from October 1, 2018.

A bereavement pension is a fee paid by the State to the relatives of a deceased person after the death of the deceased. The state disburses such expenses for the purpose of giving preferential care and relief to the families of the deceased, especially to those minors who depend on the deceased for their livelihood and relatives who have lost the ability to work, and it reflects the material assistance provided by the state to the laborers.

The basic characteristics of the pension are that the pension is not taxed, the pension does not take into account personal income, the pension is not the living expenses of the disabled soldier, the pension cannot be divided as the property of the husband and wife, and the pension is generally not regarded as an inheritance.

Answer: An inheritance is a personal legal property left behind by a citizen when he or she dies. Article 3 of the Inheritance Law of the People's Republic of China stipulates that inheritance includes:

a) the income of citizens; (2) Citizens' houses, savings, and daily necessities; (3) Citizens' forests, livestock and poultry; (4) Citizens' cultural relics and library materials; (5) the means of production that are permitted by law to be owned by citizens; (6) Property rights in citizens' copyrights and patent rights; (7) Other lawful property of citizens. The bereavement pension is a kind of compensation fee given to the family of the deceased in accordance with the relevant regulations, and is a comfort and economic compensation for the family of the deceased, which shall be enjoyed by the family members who are comforted. The one-time pension paid to you by your father's employer is the spiritual comfort and economic compensation given by the employer to the family of the deceased or his dependents in accordance with relevant regulations after the death of the employee not due to work.

Since the pension is not given to the deceased, nor is it the property of the deceased during his lifetime, the pension issued to the family of the deceased is not the economic compensation of the deceased, but the material help and spiritual comfort given by the relevant units to the family members, especially for preferential care and assistance to those minors who rely on the deceased and have no economic ** and the immediate family members who have lost the ability to work, and are not the personal property of the deceased. This includes parents, spouses, children, and minor siblings and dependents. In general, a person entitled to pension benefits must meet two conditions:

One must be an immediate family member of the deceased; The second is the person who was mainly or partially supported by the deceased during his lifetime. The next of kin of the deceased have the right to a pension, and the distribution of the pension can be dealt with in accordance with the principle of distribution of the estate. Therefore, the pension does not fall within the scope of the estate and cannot be inherited as an inheritance.

Are pensions and funeral expenses inheritance?

Pensions do not fall within the scope of the estate. An estate is a personal legal property left by a natural person when he or she dies, while a pension is a consolation money for the close relatives of the deceased, which is given to the close relatives of the deceased and cannot be included in the scope of the estate.

[Legal basis].Article 1122 of the Civil Code.

An estate is a personal legal property left behind by a natural person upon his or her death.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Article 39 of the Regulations on Work-related Injury Insurance.

If an employee dies on the job, his close relatives shall receive funeral allowances, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year.

2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department.

Pension refers to a certain amount of condolence money and living allowance issued by the state or relevant units to the disabled person or the family of the deceased in accordance with the provisions of relevant laws and regulations if a citizen is disabled or dies due to work-related injuries, traffic or other accidents.

The pension paid to the family of the deceased is not an economic compensation for the deceased, but a material help and spiritual comfort given to the family by the relevant units, especially for the preferential care and assistance of minors and immediate family members who have lost the ability to work who rely on the deceased to live without economic support, and are not the personal property of the deceased, cannot be inherited as an inheritance, and belong to whoever it is issued to; From the date of issuance, the pension has become the personal property of the family and cannot be inherited as the estate of the deceased.

Are death benefits, pensions, funeral expenses an inheritance?

The pension does not belong to the estate of the deceased. An inheritance is an individual's legal property left behind when a citizen dies.

Legal basis] Article 1122 of the Civil Code: An inheritance is a personal legal property left behind by a natural person when he or she dies.

Are death benefits, pensions, funeral expenses an inheritance?

Are death benefits, pensions, funeral expenses an inheritance?

The bereavement pension shall belong to the estate of the deceased.

Inheritance refers to all personal property and other property rights and interests that can be inherited by law when the decedent dies, and is a property right during his lifetime.

Death benefit refers to a kind of consolation payment paid to the family of the deceased after the death of the deceased. and not personal property.

Conceptually, it can be seen that the two are different in nature and that the pension is not part of the estate.

According to the Inheritance Law, an estate is a personal legal property left behind by a citizen when he or she dies, including the citizen's income; housing, savings and household goods; forests, livestock and poultry; cultural relics, library materials; The law allows citizens to own the means of production; Property rights in copyrights, patents, and other legal property of citizens. It follows that the pension is not part of the personal estate.

A bereavement pension is a fee paid to a disabled person or a family member of a deceased person. Therefore it does not belong to the estate of the deceased.

Legal basis: Inheritance Law of the People's Republic of ChinaArticle 3An estate is a personal legal property left behind by a citizen upon his or her death, including:

a) the income of citizens;

(2) Citizens' houses, savings, and daily necessities;

(3) Citizens' forests, livestock and poultry;

(4) Citizens' cultural relics and library materials;

(5) the means of production that are permitted by law to be owned by citizens;

(6) Property rights in citizens' copyrights and patent rights;

(7) Other lawful property of citizens.