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Anonymous users2024-02-06China's "Inheritance Law" stipulates that the inheritance shall be carried out in the following order: first order: spouse, children, parents.
Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not.
If there is no first-order heir, the second-order heir shall inherit. The share of inheritance inherited by heirs in the same order shall generally be equal.
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Anonymous users2024-02-05The order of inheritance refers to the order in which the heirs inherit the estate after the death of the decedent. Article 10 of the Inheritance Act provides that "estates shall be inherited in the following order:
First order: spouse, children, parents.
Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs cannot inherit. If there is no first-order heir, the second-order heir shall inherit. ”
Article 12 of the Inheritance Law also stipulates that "a widowed daughter-in-law who has fulfilled the main obligation of support to her father-in-law and mother-in-law, and a widowed son-in-law to her father-in-law and mother-in-law, shall be regarded as the first-order heir." ”
In inheritance, if the decedent has made a will to designate his personal property to be inherited by one or more of the legal heirs, or has clearly donated his personal property to the state, the collective or to a person other than the legal heirs in the will, the will shall be followed.
In addition, according to Article 27 of the Inheritance Law, in the case of a testamentary inheritance, the relevant part of the estate shall be handled in accordance with the statutory inheritance under any of the following circumstances: (1) the testamentary heir renounces the inheritance or the legatee renounces the bequest; (2) The testamentary heir loses the right to inherit; (3) The heirs or legatees of the testament die before the testator; (4) the estate involved in the invalid part of the will; (5) The estate that has not been disposed of by will.
The clarity of the order of inheritance provides a strong guarantee for the orderly division of the estate. At the same time, it should be noted that in the division of inheritance, the principles of equality between men and women, the care of the old and the young, the care of the sick and disabled, as well as mutual understanding, mutual accommodation, solidarity and harmony should be adhered to. Even if there is a will, the necessary share of the inheritance should be reserved for the heirs who lack the ability to work and have no livelihood, as well as the inheritance share of the fetus.
In addition, the inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of the estate. The heirs have no obligation to repay the part that exceeds the actual value of the estate, except for voluntary repayment.
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Anonymous users2024-02-04The order of inheritance of the legal heirs is mainly determined according to the kinship and proximity of the blood relationship and marriage relationship between the heirs and the decedent, as well as the legal obligation to support each other. China's Civil Code stipulates: 1. Spouse, children and parents are the first-order heirs; 2. Siblings, grandparents, and maternal grandparents are the second-order heirs.
3. After the commencement of inheritance, the heirs in the first order shall inherit the inheritance, and if there is no heir in the first order or all the heirs in the first order have given up their inheritance rights or lost their inheritance rights, they shall be inherited by the heirs in the second order. Among the heirs in the same order, there is no order of succession, and the estate is generally divided equally. 4. In addition, there is no blood relationship between the widowed daughter-in-law and her in-laws, and between the widowed son-in-law and her parents-in-law, nor does she have the right to inherit the inheritance from each other.
Therefore, the Civil Code also stipulates: "If a widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled the main obligation of support to her parents-in-law, she shall be the heir in the first order." It can be seen that whether or not the obligation of maintenance has been fulfilled is a prerequisite for a widowed daughter-in-law or widowed son-in-law to inherit the estate of her in-laws or parents-in-law.
As long as this condition is met, it is not affected by whether or not they remarry, and the inheritance they inherit does not affect the right of their children to inherit by subrogation.
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Anonymous users2024-02-03What is the order of succession of the law.
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Anonymous users2024-02-02Hello, if there is a bequest and maintenance agreement, the estate shall be handled in accordance with the bequest and maintenance agreement; If there is no bequest and maintenance agreement but there is a will or bequest, the estate shall be handled in accordance with the will or bequest; If none of the above is the case, then the estate is dealt with according to legal succession.
The first order of legal succession is spouse, children, parents; The second order is siblings, grandparents, and maternal grandparents.
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
5) Other property that shall belong to the same company.
Husband and wife have equal rights to dispose of joint property.
Article 1123 of the Civil Code: After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the inheritance or bequest of the will of the grandson; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 1127 of the Civil Code: Inheritance shall be carried out in the following order:
1) First order: spouse, children, parents;
2) Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.
For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.
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Anonymous users2024-02-01There are legal heirs and second-order heirs.
If there is a first-order heir to inherit the estate, the second-order heir does not participate in the inheritance.
The first-order heirs include: 1. Spouse, that is, the husband or wife who has a legal marriage relationship;
2. Children, including legitimate children, illegitimate children, adopted children and stepchildren with a dependent relationship;
3. Parents, including biological parents, adoptive parents and step-parents with a dependent relationship;
4. A widowed daughter-in-law or son-in-law who fulfills the main support obligation.
Second-order heirs include siblings, grandparents, and maternal grandparents.
The brothers and sisters mentioned above include siblings of the same parents, half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
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Anonymous users2024-01-31Hello, your question is answered from the following two dimensions:
The first is the way of inheritance: bequest, maintenance agreement, testamentary bequest, statutory inheritance.
After the death of the deceased, there is no bequest maintenance agreement or bequest, and no will is made or the will is invalid and the testamentary heir renounces the inheritance, the statutory succession shall apply. That is, legal succession is the lowest in order of all inheritance methods.
Wills (agreements) are subordinate to wills (agreements), and intestacy (agreements) are subject to statutory succession.
The second is the order of the heirs in legal succession:
First in line: spouse, parents, children;
Second in line: brothers and sisters, grandparents, maternal grandparents.
When there is a first heir, the first heir in line will inherit first, and only when there is no first heir in line or the first heir in line has given up or lost the right to inherit, the second heir in line can inherit.
Relevant Laws] Civil Code
Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 1127 Inheritance shall be inherited in the following order:
1) First order: spouse, children, parents;
2) Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it will be inherited by the heirs in the first order, and the heirs in the second order will not inherit; If there is no first-order heir, the second-order heir shall inherit.
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Anonymous users2024-01-30What is the order of succession of the law.
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