Inheritance disputes How to deal with inheritance disputes, and what should I do about inheritance d

Oral Will Oral Will Oral Will or Special Will, due to the shortcomings of being easy to be tampered with and forged, and unable to be verified after the testator's death, etc., countries have strict regulations on the conditions of oral wills, "the testator is in critical circumstances", and oral wills should be witnessed by two witnesses.

Conditions for the establishment of an oral will.

1) An oral will can only be made in case of emergency. The so-called critical situation refers to the situation where the testator's life is in danger at any time due to illness or war, and it is impossible to make a will in other forms. (2) An oral will shall be witnessed by more than two witnesses.

According to Article 17 of the Inheritance Law, the following persons cannot be witnesses to a will: (1) an incapacitated person or a person with limited capacity; (2) heirs, legatees; (3) A person who has an interest in the heirs or legatees.

The will does not reserve the necessary inheritance share for the heirs who lack the ability to work and have no livelihood, and such wills must distribute the inheritance according to the will after deducting the share that should be retained.

An oral will must be in the presence of more than 2 disinterested persons.

If this is not the case, then the will is invalid, and according to the legal inheritance, all heirs have the right to inherit.

Does the person who can testify against you have a stake in you? If you can prove your grandmother's will, your uncle has no right to the house.

But what you said above is not very clear, it is estimated that oral will will not work, and you should also look for other evidence.

If there is a lawsuit, it is to file a civil lawsuit.

You can only sue and you can subrogate.

Hello: The oral will is invalid, and the inheritance is prescribed by law. You do not belong to the first order of heirs and are not entitled to inheritance.

In the event of a dispute over the inheritance of the Emperor and the Qing Dynasty, the heirs shall resolve it through negotiation, and if the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court. The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. If there is a will, and the heirs are agreed, it shall be handled in accordance with the will.

[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 legal inheritance town; 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 1132.

The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and resolve the issue of succession. The time, method and share of the division of the estate shall be determined by the heirs through consultation; If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

Legal Analysis:1Negotiate on your own.

After the occurrence of an inheritance dispute, the relevant parties may, on a completely voluntary basis, negotiate an agreement on the time, method and share of the division of the inheritance through mutual understanding and mutual concession, and then divide the inheritance according to the agreement.

2.People's Mediation Committee mediation.

The People's Mediation Committee is a mass organization. After the occurrence of an inheritance dispute, if the relevant person concerned fails to reach a consensus through negotiation, the people's mediation committee may mediate.

3.File a lawsuit with the people's court.

Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions.

The limitation period shall be calculated from the date on which the respondent knows or should have known that the rights have been damaged and that the obligor has been obliged. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

In the event of an inheritance dispute, it can be resolved in the following ways:

1. After the occurrence of a dispute over self-negotiation inheritance, the relevant parties may, on a completely voluntary basis, negotiate an agreement on the time, method and share of the division of the inheritance through mutual understanding and mutual concession, and then divide the inheritance according to the agreement. Although the negotiation is conducted between the parties to the dispute, certain principles must also be followed, 1) the principle of equality and voluntariness. Negotiation is not a statutory procedure for the settlement of civil disputes, so it can only be applied if both parties agree.

Furthermore, the negotiated agreement must be reached on a voluntary basis on the part of both parties.

2) The principle of legality. Distinguishing between right and wrong is not a prerequisite for a negotiated settlement, and the criterion for measuring right and wrong is the provisions of laws and policies on inheritance. The negotiated agreement must also be legal in itself, otherwise it will be null and void.

It is worth noting that the parties may waive their rights when negotiating to deal with inheritance disputes, and this cannot be treated as illegal.

3) The principle of not harming the interests of the state, society and the legitimate rights and interests of others. The parties shall not harm the interests of the state and society for the sake of their own interests, or infringe upon the legitimate rights and interests of a third party for the sake of reaching an agreement, otherwise, such negotiations will lose their fairness and reasonableness, and therefore, they will not be protected by law. The settlement of inheritance disputes through negotiation is conducive to the harmony and unity between family members, and the settlement through negotiation is entirely based on the voluntary behavior of the parties concerned, so it will not harm the family affection between each other after settlement, and it is also conducive to the rapid and complete resolution of the dispute.

Since inheritance disputes are handled through negotiation, there is no need to go through mediation by others, let alone resort to the court, which saves the parties' manpower, financial resources and time. At the same time, since the agreement is negotiated by the parties themselves, the dispute can be completely resolved.

2. People's Mediation Committee Mediation: The People's Mediation Committee is a mass organization. After the occurrence of an inheritance dispute, if the parties concerned fail to reach an agreement through negotiation, the people's mediation committee may mediate. The people's mediation committee mediates disputes through persuasion and education on the basis of the Civil Code, so as to urge the parties to understand each other, make concessions to each other, and reach an agreement on the basis of their own voluntariness.

After the mediation agreement of the people's mediation committee is reached, all parties shall conscientiously abide by and perform it.

3. After filing a lawsuit with the people's court for inheritance disputes, if the negotiation fails, a lawsuit may be filed directly with the people's court without mediation by the people's mediation committee. If no agreement can be reached through mediation by the people's mediation committee, either party also has the right to file a lawsuit in the people's court. It should be noted that, according to Article 3 of the Arbitration Law of the People's Republic of China, inheritance disputes cannot be arbitrated.

Therefore, after a dispute arises between the parties concerned due to inheritance, they cannot apply to an arbitration institution for arbitration.

For example, Su Moujia v. Li Moutian et al., a legal inheritance dispute case.

The decedent, Su Mouquan, died in March 2018, and his parents and wife died before him, and they did not give birth to or adopt children before his death. Su Mouquan's sister Su Mouyi died before Su Mouquan's Huai and Star, and Su Mouquan had no other brothers and sisters. Su Moujia is the adopted daughter of Su Mouyi.

Li Moutian is the son of Su Mouquan's cousin, and Li Mouhe is the son of Li Moutian. Su Mouquan did not make a will before his death, nor did he make a bequest and maintenance agreement. The registered rights of a house in a certain lane of Huajing Road, Xuhui District, Shanghai are Su Mouquan and Li Mouhe, who are jointly owned.

Su Mouquan's plum blossom brand watch and diamond ring are in the custody of Li Moutian. Su Moujia sued and requested that he inherit the share of property rights belonging to the decedent Su Mouquan in the house at issue in accordance with the law, as well as 1 plum blossom watch and 1 diamond ring.

The effective judgment held that the parties unanimously confirmed that Su Mouquan did not make a will or make a bequest and maintenance agreement during his lifetime, so Su Mouquan's estate should be handled by his heirs in accordance with statutory inheritance. Su Moujia is the adopted child of Su Mouquan's sister Su Mouyi, and in the case that Su Mouyi died before Su Mouquan and Su Mouquan's estate was inherited and no one was bequeathed, according to Article 14 of the "Several Provisions of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on the Temporal Effect" (hereinafter referred to as the "Temporal Effect Provisions"), the provisions of paragraphs 2 and 3 of Article 1128 of the Civil Code are applicable, and Su Moujia has the right to inherit Su Mouquan's estate as Su Mouquan's legal heir. In addition, Li Moutian and Su Mouquan have lived together for a long time, and Li Moutian is responsible for handling the matters during Su Mouquan's illness in the nursing home, and the expenses are paid by Li Moutian, and Su Mouquan's funeral matters are also handled by Li Moutian.

With regard to the share of property rights of the house at issue in Su Mouquan's name, one plum blossom watch and one diamond ring, the court took into account the principle of being conducive to production and life and easy to enforce, and ordered Li Moutian to pay Su Moutian a discount of RMB 600,000 for the house.

This case is a typical case of applying the Civil Code on the system of subrogation of nephews and nephews. The subrogation of nephews and nephews is a newly established system of the Civil Code, which is in line with China's folk tradition, which is conducive to ensuring the circulation of property within the blood family, reducing the situation of no inheritance of inheritance, and at the same time promoting the development of kinship and guiding people to attach importance to kinship, so as to reduce family conflicts and promote social harmony. In this case, the trial court also applied the discretionary system of inheritance, that is, the appropriate distribution of inheritance to those other than the heirs who support the deceased more, which embodies the principle of consistency of rights and obligations, promotes the traditional virtue of actively and properly supporting the elderly, and fully embodies the requirements of the core values of socialism.