Are heirs and donors the same person?

These are two concepts.

An heir is a person who has a legal or contractual right to inherit, usually a person who inherits the ownership of another person's property. It is a pure beneficiary.

A donor is a person who disposes of the ownership of his property without compensation and donates his lawful property to others without compensation. The act of gift is the act of disposing of property. The donor is the owner of the property.

The heir and the donor are not the same person. The heir is the party who receives the benefit, and the donor is the party who gives the benefit.

Of course, it is not a person, and the heir must have a legal inheritance relationship, and the property of the holder of ownership is divided into inheritance relationships. The donor refers to a relationship in which there is not necessarily a legal inheritance relationship, and an outsider who is not related by blood can also give the donated property.

The heir and the donor are not the same person, the heir is related by blood, the legal heir, and the donor can be a person who does not know, and the two are different.

The heir and the donor are not the same person. Heirs are legal spouses and blood relatives.

The donor is the person who gives the property.

There is a question of logical relationship here:

1. The heir and the donor are the same person.

On the one hand, he is the heir to someone's property, and at the same time, he can become a donor by giving his property to others.

2. He is only an heir or just a giver, not a dual role. In this case, it's not the same person.

It's not the giver, it's the "donor". The heirs and the donee can be one person or not one person. The heirs can be either defaulted or will-appointed, whereas the donee can only be appointed.

Heirs have the right to inherit only their own biological descendants. The donor is an outsider who can also accept the right of gift, so it is not a person.

Literally, it is not a person, the heir inherits something from others, and the giver gives something to others, a gift; One receives.

The donor is the owner of the house, and the heirs are the children and wives of the owner.

The heir and the donor are not necessarily the same person.

A donor is a person who gives property or something else to someone else, while an heir is a person who inherits property according to law.

It's different, as long as the heir is a person who meets the requirements, but the giver is different, it is the person who requires, whether it has anything to do with it or not, as long as he is willing to make his own decisions. Thank you.

Legal Analysis: A gift can happen at any time, whereas an inheritance occurs after the death of the owner of the property. The gift of a house is achieved by way of a gift contract, whereas inheritance can be a testamentary or statutory succession and does not necessarily exist as a contract.

From the perspective of taxation, there are three main types of taxes for the transfer of second-hand housing, namely tax, individual income tax and deed tax. The inheritance transfer is actually low-cost, the main cost is the notarization of inheritance rights, and the inheritance transfer has no business tax, individual income tax and deed tax compared with sales and gifts. The heir shall notarize the inheritance right with the will, and change the name of the housing authority with the notarial certificate of inheritance right.

Legal basis: Article 1127 of the Civil Code of the People's Republic of China Article 1127 The inheritance shall be carried out in the following order: (1) The first order:

spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the succession begins, the first-order heir inherits the annihilation, and the second-order heir does not; If there is no first-order heir, the second-order heir shall inherit.

The legatee is not the heir, but the testator has the right to receive the bequest and can obtain the property donated by the legatee, and after the legatee acquires the property, the heir has no right to inherit the bequeathed property.

According to Article 1127 of the Civil Code of China, the first heirs in line include: parents, spouses, and children, and the second heirs in line include: brothers and sisters, grandparents, and maternal grandparents.

After the succession begins, it is inherited by the first in line of succession, and the second in line of succession does not. If there is no heir in the first line of succession, the heir in the second line of succession shall inherit it. However, a citizen can make a will to give his personal property to someone other than the legal heir, that is, the legatee.

According to Article 1124 of the Civil Code, the testator shall make an indication of acceptance or renunciation of Li Lead's bequest within two months after knowing that he has received the bequest. If the bequest is accepted, the property donated by the legatee can be acquired.

1. What is the difference between a legatee and a legal heir.

1. The main body is different.

The heirs of a will can only be one or more of the legal heirs;

The legatee is a person (not limited to a citizen) other than the state, collective, or legal heirs.

2. The obligations of the subject are different.

The heirs of the will not only have the right to inherit the estate, but also be responsible for paying off the taxes and debts that should be paid by the inherited people;

The legatee generally does not need to bear the obligation to pay off the legatee's debts, but the legatee can only accept the bequeathed property after the legatee's tax debts are settled, and if the estate is insufficient to pay off the debts, the legatee is not entitled to accept the bequest, but the legatee is not liable for repayment.

Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance shall be carried out in the following order:

First order: spouse, children, parents.

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. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The legatee is not the heir, but the legatee has the right to be bequeathed.

According to the laws of our country, 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.

Therefore, after the legatee acquires the property, the heirs have no right to inherit the bequeathed property.

According to Article 1127 of the Civil Code.

Paragraphs 1 and 2 stipulate that the inheritance shall be carried out 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. If there is no first-order heir, the second-order heir shall inherit.

1. Who can inherit real estate in the Civil Code?

The persons who have the right to inherit are: testamentary heirs, legatees, and legal heirs. Article 1123 of the Civil Code provides that after the commencement of inheritance, it shall be handled in accordance with statutory succession; 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 provides that inheritance shall be carried out in the following order: (1) first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the succession begins, the Rantong Bi is inherited by the first-order heir, and the second-order heir does 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. "Brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

2. How to inherit my father's house.

According to the provisions, if there is a will, the inheritance of real estate shall be handled according to the testamentary inheritance or bequest, if there is a bequest and maintenance agreement, it shall be handled according to the agreement, and if there is none, it shall be handled according to the statutory inheritance, and after the inheritance begins, it shall be inherited by the heirs in the first order, including spouses, children, and parents, and the heirs in the second order shall not inherit; If there is no first-order heir, it shall be inherited by the second-order heir, including siblings, grandparents, and maternal grandparents.

Article 1127 of the Civil Code.

Paragraphs 1 and 2. The estate is inherited in the following order:

1) The 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. If there is no first-order heir, the second-order heir shall inherit.

The distinction between heirs and legatees is that the former is a specific person specified in the law, such as parents, spouses, and children. The latter is a person other than the legal heir. 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.

Similarities and differences between bequests and wills.

The similarity between a legatee and a will is that the decedent can use it to dispose of his personal property, and whether he or she uses a bequest or a 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 accepting a bequest from an heir, the bequestee must clearly express his or her intention to accept it and within the time limit prescribed by law.

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 inheritance, there is a big difference between the bequested and the testamentary heirs. 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.

1. How will the personal property of the deceased be disposed of?

Citizens of our country can establish a will to dispose of their personal property according to the provisions of the Civil Code, and the decedent can be appointed as a person for 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.

Legal analysis: the right of inheritance cannot be gifted, the right of inheritance as a personal right cannot be gifted, and for the inheritance, you can only choose to inherit or give up the inheritance. However, it is possible to inherit it first and then give it away.

Although the inheritance right cannot be gifted, you can participate in the inheritance first, and then donate your share of the inheritance to other legal heirs after the inheritance is divided, which is in accordance with the law.

Legal basis: Civil Code of the People's Republic of China Article 1124 After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing 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 becoming aware of the bequest, make an indication 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.