Can siblings inherit the property, and do siblings have the right to inherit the property?

Updated on society 2024-03-10
3 answers
  1. Anonymous users2024-02-06

    Inheritance begins when the decedent dies. China's "Inheritance Law" stipulates that 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 testamentary inheritance or will; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. If the deceased made a will before his death and determined that the sister was his heir, then the inheritance must occur in accordance with the testator's will after the inheritance begins.

    If the deceased did not make a will during his lifetime, then the heirs will inherit in the order of legal succession. Article 10 of the Inheritance Law The inheritance of the estate shall be in the following 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. Under normal circumstances, brothers and sisters do not have the right to inherit each other, and the law gives brothers and sisters the right to inherit each other under certain circumstances, which may be more in the hope that brothers and sisters can care for each other more and take care of each other.

    Legal basis: Article 10 of the Inheritance Law of the People's Republic of China The inheritance of the estate 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 do not. If there is no first-order heir, the second-order heir shall inherit. The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

    The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents. The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

  2. Anonymous users2024-02-05

    It is true that there are cases of siblings of the deceased in legal succession, but not all inheritances involve siblings of the deceased.

  3. Anonymous users2024-02-04

    Legal Analysis: Brothers and sisters have the right to inherit the property. The estate is inherited in the following order:

    1) First order: spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents.

    The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who have special difficulties in living and lack the ability to work shall be taken care of when distributing the inheritance.

    Legal basis: Civil Code of the People's Republic of China

    Article 1127 The inheritance of inheritance shall be in the following order: (1) the first order: spouse, children, parents; (2) Second order:

    Siblings, grandparents, maternal grandfather and mother. 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. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

    Article 1130:The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who have special difficulties in living and lack the ability to work shall be taken care of when distributing the inheritance. Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

    If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal.

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