Under what circumstances does an heir lose the right to inherit?

According to the law, the heir shall lose the right of inheritance under any of the following circumstances: (1) the heir intentionally kills the decedent. It should be noted that regardless of whether it is completed or not, and regardless of the motive for killing, the right to inherit the decedent himself is lost; In addition, the heir only loses the inheritance right of the decedent to whom he was killed, and not the inheritance right of a third party other than the decedent.

2) Heirs kill other heirs in order to compete for inheritance. It is required that the purpose of the killing must be to compete for the inheritance; The heir loses only his right to inherit the decedent in dispute. (3) The heirs abandon the decedent or abuse the decedent, and the circumstances are serious.

According to the judicial interpretation of the Supreme Court, if the heir later repents and the decedent forgives him during his lifetime, his inheritance rights can be restored. Therefore, the right of inheritance of the heir at fault in this case is not absolutely lost. (4) The heirs forge, tamper with, or destroy the will, and the circumstances are serious.

1) Intentionally killing the deceased.

The intentional killing of the decedent by the heir is a serious crime, and the right to inherit is lost whether it is completed or attempted.

2) Killing other heirs for the sake of inheritance.

The killing of other heirs by the heirs includes both the killing of the testamentary heir by the legal heir and the killing of the legal heir by the testamentary heir; It includes both the killing of the second-order heir by the first-order heir and the killing of the first-order heir by the second-order heir.

3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious.

Abandonment of the decedent refers to the refusal to perform the obligation of support to the decedent who has no ability to work and no livelihood; The so-called abuse of the decedent refers to the physical or mental destruction or torture of the decedent before his or her death.

For those who abandon the decedent, regardless of whether the circumstances are serious, they will lose their inheritance rights, but if the heirs have truly expressed repentance and the abandoned person has expressed forgiveness during his lifetime, the loss of inheritance rights may not be confirmed.

4) Forgery, alteration or destruction of wills, where the circumstances are serious. The so-called forged will refers to the creation of a fake will in the name of the deceased. The so-called tampering with the will refers to changing the content of the will made by the deceased.

The so-called destruction of a will means the destruction of a will made by the heir. Whether the circumstances of forgery, tampering or destruction of the will are serious is the criterion for judging whether the inheritance right is lost.

The heir loses the right of inheritance under the following circumstances:

1. The heir intentionally kills the decedent or kills other heirs as a result of inheritance;

2. The heir maliciously forges, tampers, conceals or destroys the will, and the circumstances are serious, and the decedent does not express forgiveness or later lists him as the heir in the will.

[Legal basis].Article 1125 of the Civil Code of the People's Republic of China.

If the heir commits any of the following acts, he or she shall lose the right of inheritance:

1) Intentionally killing the decedent;

2) Killing other heirs in order to compete for an inheritance;

3) Abandoning the tomb to envy the decedent, or abusing the decedent, where the circumstances are serious;

4) Falsifying, tampering with, concealing, or destroying a will, where the circumstances are serious;

5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious.

Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights.

If the legatee has the conduct provided for in the first paragraph of this article, he or she shall lose the right to receive the bequest.

1. Intentional Killing of the Decedent Intentional killing of the decedent is a serious crime, and the right to inherit is lost regardless of whether it is completed or attempted, and whether or not it is investigated for criminal responsibility. 2. Killing other heirs for the sake of competing for the inheritance becomes an act of killing other heirs for the sake of the inheritance, which must meet two conditions: First, there is a subjective intention to kill other heirs, and there is a purpose to compete for the inheritance.

Second, it objectively carried out the act of illegally depriving other heirs of their lives. 3. Abandonment or abuse of the decedent Abandonment of the decedent refers to the act of deliberately failing to perform the maintenance obligation of the decedent who has legal obligations in accordance with the law and has the ability to support the decedent who has no ability to live independently.4. Forging, tampering with or destroying the will is a legal act made by the decedent before his death and takes legal effect after his death, it is a decision made by the decedent to dispose of his or her own property before his death, and it is a legal form in which the decedent disposes of his or her legal property according to his own wishes. [Legal basis].

Article 7 of the Inheritance Law of the People's Republic of China [Loss of Inheritance Rights] If the heir commits any of the following acts, he shall lose the right of inheritance: (1) intentionally killing the decedent; (2) Killing other heirs for the purpose of competing for inheritance; (3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious; (4) Forging, altering, or destroying a will, where the circumstances are serious.

wilful killing of the decedent; killing other heirs for the sake of inheritance; abandoning the decedent, or abusing the decedent, where the circumstances are serious; Forging or tampering with a will or destroying a will, where the circumstances are serious.

According to Article 7 of the Inheritance Law, an heir shall lose the right of inheritance if he commits any of the following acts: (1) intentionally killing the decedent; (2) Killing other heirs for the purpose of competing for inheritance; (3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious; (4) Forging, altering, or destroying a will, where the circumstances are serious.

Heirs who fail to fulfill their responsibilities lose their inheritance rights.

If the deceased loved one has a will, then the loved one cannot enjoy the right of inheritance.

According to Article 7 of the Inheritance Law, an heir shall lose the right of inheritance if he or she commits any of the following acts:

1) Intentionally killing the decedent;

(2) Killing other heirs for the purpose of competing for inheritance;

(3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

(4) Forging, altering, or destroying a will, where the circumstances are serious.

In the case of loss of inheritance rights, according to Article 7 of the Inheritance Law, the heirs shall lose the right of inheritance if they commit any of the following acts:

1) Intentionally killing the decedent;

(2) Killing other heirs for the purpose of competing for inheritance;

(3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

(4) Forging, altering, or destroying a will, where the circumstances are serious.