Can the legatee be the legal heir

1. The legatee cannot be the legal heir.

Article 16 of the Inheritance Law of the People's Republic of China stipulates: "A citizen may make a will to dispose of his 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. "According to the above provisions, the legatee may be a citizen other than the legal heir, a collective organization or social group, and a state, but not a legal heir (i.e., spouse, children, parents; siblings, grandparents, maternal grandparents).

2. Grandpa can directly bequeath the inheritance to his grandson.

Please note: first: the grandson is not within the scope of legal heirs;

Second, if the bequest is genuine and does not violate mandatory laws and regulations, the grandson is entitled to the bequest even if the legal heirs of the legatee are alive and fulfilling the obligation to support them.

Reference: The validity relationship between testamentary succession and bequest.

It is generally believed that there will be no contradiction between testamentary succession and bequest for the same will. The testator either determines the testamentary succession in the will or the bequest in the will. If in the will, both testamentary succession and bequest are determined, the testator will divide several of his property and make different arrangements.

Of course, the testator may also make arrangements for the same property to be shared by the heirs and legatees. Because testamentary succession and bequest both reflect the testator's unilateral will, there is no question of who is superior to whom. (with Peng Sheng).

So what should be done if the following situation occurs: A has a will, 30,000 of his 100,000 yuan deposit will be inherited by his son B, and the remaining 70,000 yuan will be given to his friend C to thank him for his many helps. However, when A died, his estate was only $80,000.

I was asked this question just now, and now I would like to briefly reply to it: this situation actually involves the issue of "testamentary interpretation" (interpretation of the expression of intent). Because the content of the will is inconsistent with the facts, or sometimes the content of the will is not clear, or even contradicts each other, and the context conflicts, etc., the true meaning of the testator must be explained before it can be determined.

In that case, the testator's purpose was to allow his designated heir, B, to share his estate with his friends, in a ratio of 3 to 7. From this point of view, it can be considered that regardless of the specific amount, it is in line with the testator's true intention that these two people should share all of A's savings in this proportion.

Absolutely, as long as it's your grandfather's legacy. Your grandfather has ownership of the property that was given to you.

The legatee can be anyone, so there is no problem with bequeathing to a grandson.

The key is to have a valid will.

1.The so-called bequest refers to the use of the method of making a will, determined in the will, to donate all or part of his estate to a person other than the legal heir. A bequest is legally a civil legal act.

2.Similarities and differences between bequests and wills. The similarity between a bequest and a will is that the decedent can use it to dispose of his or her personal property, and regardless of whether the number of cases is cancelled by bequest or will, the decedent must make a legally valid will before these two methods can take effect.

1) In terms of the main body, the legatee and the testamentary heir are not the same. The scope of the bequest is relatively wide, it can be any natural person other than the legal heir, it can be a collective, and it can even be a state, but it should be noted that the person within the scope of the legal heir cannot be the legatee. The scope of testamentary heirs is relatively small, only within the legal heirs, and nothing else can be done.

2) In terms of the way of exercising, the right to bequest and the right of testamentary succession are different. When receiving a bequest from a deceased, the bequestee must clearly express his or her acceptance and within the time limit prescribed by law. This point is explained in the relevant provisions of China's Civil Code, which indicates:

If the bequest is known, the person designated to receive the bequest needs to choose to accept it for a while or to give up the bequest within two months of knowing it. If no election is made within the time prescribed by law, the bequest is automatically considered to be abandoned. However, testamentary succession is different, and the heirs who accept the inheritance do not need to clearly state whether they will inherit or not.

As long as there is a mention of how to distribute it in the will, then the legal heirs can inherit directly as long as they do not expressly renounce the inheritance.

3) In terms of the way of acquiring the estate, the legatee and the testamentary heir are very different. In the case of a bequest of property, the bequeathed person can only obtain the property from the executor, and cannot directly participate in the distribution of the estate. However, testamentary heirs are different, and testamentary heirs can directly participate in the distribution of the estate.

3.In view of the question of how to dispose of the personal property of the decedent, there are specific relevant provisions in the Civil Code of the People's Republic of China that give a detailed explanation: Chinese citizens can establish a will to dispose of their personal property according to the regulations, and the decedent can designate a person as the executor of the will.

Citizens of our country can designate their property to one or more people by making a will. You can also donate your property to the state or the collective or to other legal heirs by making a will.

Therefore, in summary, according to the relevant laws and regulations of our country, when donating an inheritance, the bequeathed person cannot be the legal heir, but can only be a person other than the legal heir, or the collective and the state.

The meaning of legatee is: the person named in the will to accept the bequeathed property, also known as the "legatee recipient". The meaning of legal heir is:

Heirs who inherit the decedent's estate in accordance with the scope of inheritance, inheritance order and inheritance distribution principles prescribed by law are also known as "unwilled heirs".

Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, He Feng shall be handled in accordance with 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 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 inherit; 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, adoptive siblings, and step-siblings who have a relationship of support.

There are the following differences between bequest and testamentary succession: 1. The scope of the subject of the legatee and the testamentary heir is not the same. The legatee is a natural person, state or collective other than the legal heir, but cannot be the legal heir; Testamentary heirs can only be legal heirs.

2. The way in which the exercise of acceptance of a bequest is different from that of testamentary succession. When the legatee accepts the bequest, he or she is required to make an indication of acceptance or renunciation of the bequest within two months after becoming aware of the bequest. If it is not indicated at the expiration date, it shall be deemed to have given up the withered gift.

If the testamentary heir accepts the inheritance, he or she is not required to make an express expression of intent. If the testamentary heir does not renounce the inheritance after the commencement of the inheritance and before the division of the estate, it shall be deemed to have accepted the inheritance. 3. The legatee and the testamentary heir obtain the inheritance in different ways.

The legatee cannot directly participate in the distribution of the estate, but obtains the bequeathed property from the executor; The testamentary heirs can directly participate in the distribution of the estate and obtain the estate. Article 1133 of the Civil Code [Testamentary Disposal of Personal Property] Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint an executor. A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.

A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs. A natural person may establish a testamentary trust in accordance with the law.

Legal basis: Article 1133 of the Civil Code.