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The property owned by the legal heir generally refers to the property that the legal heir can inherit.
Statutory inheritance refers to a form of inheritance in which the law directly stipulates the scope of heirs, the order of inheritance, and the principle of inheritance distribution when the decedent has not made a will for the disposition of his estate. Statutory succession, also known as intestate succession, is relative to testamentary succession, and is derived from the Roman law successio ab intesta, that is, testamentary succession.
According to the Inheritance Law of the People's Republic of China, statutory inheritance is the main form of inheritance. Statutory succession has the following characteristics:
First, statutory succession is complementary to testamentary succession. Although statutory succession is the main common form of succession, testamentary succession should be applied first after the commencement of succession, and only when testamentary succession is not applicable. Therefore, in terms of effectiveness, the effect of testamentary succession takes precedence over statutory succession, and statutory succession is a supplement to testamentary succession.
Second, statutory succession is a restriction on testamentary succession. Although the laws of various countries recognize the priority effect of testamentary succession, they also impose certain restrictions on testamentary succession. For example, the laws of many countries provide for a special share of legal heirs.
The Inheritance Law of the People's Republic of China stipulates that the will shall reserve the necessary share of the inheritance for the heirs who lack the ability to work and have no livelihood. Therefore, although testamentary succession limits the scope of application of statutory succession, at the same time, statutory succession is also a certain restriction on testamentary succession.
Third, the heirs in legal succession are prescribed by law on the basis of the kinship between the heirs and the decedent, rather than being appointed by the decedent. From this point of view, legal succession is characterized by a relationship of status.
Fourth, the provisions of the law on heirs, the order of succession and the principle of distribution of inheritance in statutory succession are mandatory and cannot be changed by anyone.
Fifth, statutory succession is statutory, and statutory succession coexists with testamentary succession and testamentary succession.
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First-order heirs are spouses, children (including legitimate children, illegitimate children, adopted children, and dependent stepchildren), and parents (including biological parents, adoptive parents, and dependent stepparents).
Second-order heirs include siblings (including siblings of the same parents, half-siblings, adoptive siblings, and dependent step-siblings), grandfathers, and 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 will inherit it.
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Legal analysis: legal heirs have spouses, children, parents; Siblings, grandparents, maternal grandparents. The estate is inherited in the following order: first order: spouse, children, parents. Second order: siblings, grandparents, maternal grandparents.
Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of inheritance shall be 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 to inherit, the second-order successor group will inherit it. For the purposes of this Part, the term "children" includes legitimate children, illegitimate children, 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.
The term "brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-brothers and sisters, brothers and sisters who are in a relationship of support, and step-brothers and sisters who have a relationship of support.
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Analysis of the law of law: legal inheritance refers to a inheritance method in accordance with the scope of heirs, the order of heirs, and the principle of inheritance distribution according to the law. Since this kind of inheritance bridge only takes effect when there is no will, it is also called intestate succession.
In legal succession, no organization or citizen has the right to change the scope of legal heirs, the order of legal succession, the share of inheritance, and the principle of inheritance distribution.
Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate shall be in the following order: (1) First order:
spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents and Kaimeng. 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.
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Statutory inheritance is an inheritance that will only occur when the decedent is intestate, and a legal relationship arising according to the provisions of the inheritance law is also called intestate succession.
The legal heirs are divided into the first order of succession and the second order of succession, and the first order of succession is, parents, children, and spouse. The second order of succession is siblings, grandparents and maternal grandparents. As long as there is an heir in the first order of succession, no second order of succession will be opened, and only if the decedent does not have a person in the first order of succession, the person in the second order of succession can obtain the right of inheritance.