If the legatee does not accept the bequest, where will the bequest go?

1. Can the legatee renounce accepting the bequest The legatee appoints the legatee through the will, and the legatee can accept the bequest or give up the right to accept the will, which is allowed by law. The law does not stipulate a fixed manner or procedure for the legatee to renounce the right to be bequeathed, as long as the legatee expressly expresses it to the heirs or other interested parties. The expression can be written or spoken.

However, the right to renounce the right to accept the bequest must be exercised within the time limit specified in article 25, paragraph 2, of the Inheritance Law, i.e. the "legatee" shall make an indication of acceptance or renunciation of the bequest within two months after becoming aware of the bequest. If there is no indication at the expiration date, it shall be deemed to have waived the acceptance of the bequest. "In daily life, if the legatee is unwilling to accept the bequest for some reason, and does not clearly express it, if the law does not stipulate a time limit, then the bequeathed property is always in a state of unclear ownership, which is not conducive to the circulation of the property.

In addition, the legatee's renunciation of the inheritance shall be inherited by the legal heirs of the legatee in accordance with the statutory inheritance procedure. Article 8 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China stipulates that: "The exercise of the right of inheritance and bequest by the statutory person shall not harm the interests of the person being bequeathed.

Generally, a legal person cannot give up the right of inheritance or bequest. Where the interests of the person being ** are clearly harmed, the ** act shall be found to be invalid. Therefore, if the act of renunciation of the bequest by the legal person is harmed by the interests of the person being bequeathed, then the act of waiver of the bequest is invalid.

Enter the legal order of succession.

There are two circumstances in which a legatee loses the right to be bequeathed:

1. If the legatee does not express acceptance or renunciation within two months after knowing the bequest, it shall be deemed to have given up the bequest.

1. Article 25 of the Inheritance Law of the People's Republic of China stipulates that if the heir renounces the inheritance after the inheritance has commenced, he or she shall make an expression of renunciation of the inheritance before the estate is disposed of. If there is no indication, it shall be deemed to have accepted the inheritance.

The legatee shall, within two months after becoming aware of the bequest, make an expression of acceptance or renunciation of the bequest. If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

2. Article 21 of the "Inheritance Law of the People's Republic of China" stipulates that if there are obligations attached to a testamentary succession or bequest, the heir or legatee shall perform the obligations. Where a person fails to perform his obligations without a legitimate reason, the people's court may revoke his right to receive the inheritance at the request of the relevant unit or individual.

The legal heirs will appear.

Legal analysis: The legatee must be specified in the acceptance of the bequest, and the legatee shall make an expression of acceptance or renunciation of the bequest within 60 days after knowing that the bequest has been received; The inner wheel of the bequest and maintenance agreement is in accordance with the provisions of the law, and it is valid if it is made by the deceased under his true will. After the commencement of inheritance, if there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Legal basis: Article 1123 of the Civil Code of the People's Republic of China 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 bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Accepting a bequest requires a clear legatee, because if the donee accepts the bequest, it needs to be executed according to the requirements of the bequest agreement.

1. What is the biggest difference in the scope of inheritance rights when transferring inheritance?

1. In statutory inheritance, if the heir dies after the death of the decedent before the division of the estate, the share of the inheritance shall be inherited by the legal heir.

2. In testamentary succession, if the designated testamentary heir dies after the commencement of the inheritance without renunciating the inheritance but does not actually accept the inheritance, he has actually enjoyed and obtained the right of inheritance, and the inheritance that he should inherit shall also be inherited by his legal heirs.

3. In a bequest, if the legatee dies when he expressly accepts the bequest after the commencement of the inheritance but does not actually accept the bequeathed property, the bequeathed property can also be inherited by his legal heirs (according to the current legal provisions, if the legatee dies before he or she expressly expresses his acceptance of the bequest within two months after knowing that he has been bequeathed, the heirs of the legatee are not entitled to accept the bequeathed property), and this situation can also be regarded as a transfer of inheritance.

2. Dependents of the bequest and maintenance agreement.

A bequest and maintenance agreement is an agreement between the testator and the supporter that the supporter bears the obligation of the legatee's life, maintenance, death and burial, and that the property of the testator is transferred to the dependant after his death. Dependents are generally relatives, neighbors, or other relatives and friends of the legatee. He has the obligation to support the legatee, bear the obligation of his life and death, and enjoy the right to accept the property bequeathed by the legatee.

It should be emphasized here that the dependents in the bequest and maintenance agreement cannot be the legal heirs, because the legal heirs and the decedent have the legal rights and obligations of mutual support and mutual inheritance, and do not need to be determined in the form of an agreement.

3. The legatee dies before the division of the estate.

Only the legatee can enjoy the right to accept the bequest only if he expressly accepts the bequest, and if he renounces the bequest, he no longer enjoys the right, and if he does not express it, he is deemed to have renounced the bequest and does not enjoy the right.

In the event that the legatee accepts the bequeathed property, his heirs have the right to receive the bequeathed property; However, if the legatee renounces the bequest or does not express the bequest before his death, the legatee's heirs no longer have the right to receive the bequeathed property because the legatee does not have the right.

Civil Code of the People's Republic of China

Article 1124:Where the heirs renounce the inheritance after the inheritance has begun, they shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.

The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

In principle, the bequest must be specified. In addition, the legatee shall, within 60 days after becoming aware of the bequest, make an expression of acceptance or renunciation of the bequest. If the corresponding indication is not made within the time limit, it shall be deemed to have waived the bequest.

Legal basis

Article 1123 of the Civil Code of the People's Republic of China.

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 bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1124.

After the commencement of the inheritance, if the heir renounces the inheritance, he shall make a written expression of renunciation of the inheritance before the disposition of the inheritance; If there is no indication, it shall be deemed to have accepted the inheritance.

The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

Article 1158.

A natural person may enter into a bequest and maintenance agreement with an organization or individual other than the heir. According to the agreement, the organization or individual undertakes the obligation of the natural person's birth and burial, and enjoys the right to receive a bequest.

The way to accept a bequest is to prove in writing that you have expressly accepted it to the other heirs. If the legatee wants to accept the bequest, he should accept it directly, such as directly going through the transfer procedures of the bequest house. The legatee shall, within two months after becoming aware of the bequest, make an expression of acceptance or renunciation of the gift.

If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

Legal basis] According to Article 16 of the Inheritance Law, citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may appoint an executor. A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs. Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs.