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Beijing Marriage and Family, lawyer Liu Dalai.
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Legal analysis: 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.
Legal basis: Civil Code of the People's Republic of China
1120 Youmu Sen 3 After the commencement of inheritance, it shall be handled in accordance with the legal 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 127 The inheritance shall be in the following order: (1) the first order: spouse, children, parents; (2) Second order:
Siblings, grandparents, maternal grandparents. After the inheritance begins, it will be inherited by the first-order heir, and the second-order heir, Naizhen, will 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 or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
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Article 13 The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who lack the ability to work who have special difficulties in life 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. Article 16: 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. Article 17 A notarized will shall be handled by the testator through a notary public.
The self-written will shall be written and signed by the testator, indicating the year, month and day. A scrivener will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator. A will made in the form of a recording shall be witnessed by two or more witnesses.
The testator may make an oral will in a critical situation. An oral will should be witnessed by two or more witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will made is invalid.
Article 19 The will shall reserve the necessary share of the inheritance for the heirs who lack the ability to work and have no livelihood. Article 20 The testator may revoke or change the will he has made. If there are several wills and the contents conflict, the final will shall prevail.
Self-written, scrivener, recorded, or oral wills shall not be revoked or changed. Article 21: Where there are obligations attached to testamentary succession or bequest by a friend, the heir or legatee shall perform the obligations. Where there is no legitimate reason for not performing the duties of the department, the people's court may revoke his right to receive the inheritance at the request of the relevant unit or individual.
Article 22: A will made by a person who is incapacitated or has limited capacity is invalid. The will must express the true intention of the testator, and the will made under duress or deception is invalid. A forged will is invalid.
If the will is tampered with, the tampered content is invalid. According to the law, it is necessary to let the statement have no other heirs, so the notary office will give up the certificate, although this question is very embarrassing, but there is still a certain basis. If you have any other questions, please feel free to contact us.
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1) Inheritance in the objective sense. It refers to the qualification of citizens to accept the inheritance of the deceased in accordance with the provisions of the law or the designation of the will before the inheritance begins, that is, the right and ability of the heir to inherit the inheritance. That is, the right of possible inheritance in the objective sense.
2) Inheritance in the subjective sense. It refers to the de facto property rights that the heir already has over the inheritance left by the decedent when the legal conditions (i.e., certain legal facts) are met, that is, the inheritance right that already belongs to the heir and brings him actual property benefits. This kind of inheritance right is related to the subjective will of the heir, and can not only be accepted, exercised, but also waived, and is an inheritance right with a realistic property right.
The realization of the right of inheritance begins when the decedent dies or is declared dead.
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Refer to the relevant provisions of the Inheritance Law:
1. Inheritance method: legal order, will, bequest, bequest and maintenance agreement.
2. Legal order of succession: first order heirs: children, righteous children, parents Second smooth heirs: siblings, grandparents, maternal grandparents.
Three: can participate in inheritance as the first-order heir:
1) Widowed daughter-in-law to in-laws; A widowed son-in-law who has a primary obligation to support his parents-in-law may be the heir in the first order.
2) If the adoptive grandchild of the decedent is deemed to be the relationship between the adoptive parents and the adoptive child, the adoptive grandchild may be the first-order heir.
3) If the decedent's children die before the decedent, the direct blood relatives of the children shall inherit the share that their parents are entitled to inherit (subrogation).
4. Circumstances in which the heir loses the right of inheritance: (1) intentionally killing the decedent, (2) killing other heirs, (3) abandoning the decedent, or abusing the decedent, and the circumstances are serious, (4) forging, tampering with or destroying the will.
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