How to determine the guardianship of the inheritance of minors?

One of the duties of the guardian is to manage and protect the property of the ward, therefore, the guardian shall not dispose of the ward's property at will, and shall not act unfavorably against the ward's property, otherwise, he shall bear the corresponding civil liability. A will only takes effect after the death of the deceased, how can you ensure the inheritance of your children? It's a hard question.

Even the golden mountains and silver mountains are all eaten and used up, and people should not take property and money too seriously when they live!

There is no restriction on the inheritance of minors, but a guardian** may be required if the relevant inheritance formalities are carried out.

Guardian of the minor:

1) Minors' legal guardians: The parents shall first serve as the guardians, and if the parents are dead or incapacitated, the following persons are to serve in the following order: grandparents, maternal grandparents; adult brother and sister; The residents' committee, villagers' committee, or civil affairs department of the minor's parents' unit or the minor's residence.

2) Where minors do not have close relatives within the scope described above or whose close relatives have lost the capacity for guardianship, the relevant units, neighborhood committees, or village committees may designate guardians from among other close relatives or friends who are willing to bear guardianship responsibilities. When a dispute arises between close relatives over who should serve as guardian, the relevant units and organizations may conduct mediation and appoint a guardian from among them.

3) Where a legal guardian or designated guardian is temporarily unable to exercise guardianship for some reason, they may entrust some or all of their guardianship duties to another person. The person who is entrusted to serve as a guardian is the entrusted guardian. In such a case, unless otherwise specified, the legal guardian or the designated guardian shall still bear the civil liability for the injury caused by the ward, but if the entrusted guardian is truly at fault for this, he shall bear joint and several liability.

Inheritance is a civil right, so if a minor rents an inheritance, it does not need to be implemented or recognized by a guardian, and the minor can inherit the inheritance.

Civil Code of the People's Republic of China

Article 13: [Beginning and End of Natural People's Capacity for Civil Rights and Rights]From the time of birth to the time of death, natural persons have the capacity for civil rights, enjoy civil rights in accordance with law, and bear civil obligations.

Article 19: [Minors with Restricted Civil Capacity] Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated **persons** or with the consent and retroactive recognition of their legally-designated **persons; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.

1. Is it necessary to obtain the consent of others to renounce the inherited property?

When an heir renounces the inheritance, whether or not to obtain the consent of others must first clarify the legal act of inheritance.

However, the current law clearly stipulates that the act of renunciating inherited property is a unilateral legal act, so it does not need to get a response from others to obtain the effect of relinquishing the property. Moreover, in practice, the following types of acts are unilateral legal acts:

1. Make a will;

2. Renounce the right of inheritance;

3. Revocation of entrustment**;

4. Debt forgiveness;

5. Retrospective recognition has no right**;

6. Publish bounty advertisements.

However, although the renunciation of inheritance does not require the consent of others, the renunciation of inherited property must comply with the provisions of the law, otherwise you will not be able to obtain the legal consequences you want.

According to the regulations, the following conditions must be met for the renunciation of inherited property:

1. Time. It must be made after the commencement of the inheritance and before the division of the estate.

2. Method. When the heir renounces the inherited property, it needs to be expressed in an explicit way, and it cannot be expressed in an implicit way, such as verbally expressly or in writing, which is a correct way to renounce the inheritance right.

3. Civil capacity. When relinquishing the right of inheritance, the heir must have full civil capacity, so the heir generally cannot give up the right of inheritance when he is still young, even if there is a legal person, he cannot claim it on his behalf.

4. Expression of true meaning. As in the general conclusion of a contract, if the person is deceived, threatened or coerced to renounce the inherited property, such as other heirs forcing the heir to abstain, then it is not considered a true expression of intent, and such renunciation will be deemed invalid.

If the guardian of Sobo Zhaoguo is the legal heir of the ward, the guardian may inherit the estate; If the guardian is not the legal heir of the ward, and the ward made a will before his death, clearly stipulating that the estate will be inherited by the ward, the guardian can inherit the ward's estate.

[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 1127.

The estate is inherited in the following order:

1) 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 successor will not inherit; The inheritance of the lease without the inheritance of the first-order heirs shall be inherited by the second-order heirs.

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.