What are the legal conditions for the loss of inheritance rights, and what are the legal conditions

There are four legal conditions for the loss of inheritance rights.

Legal analysisIf the inheritor expressly renounces the right of inheritance before his death, and the person who renounces the right of inheritance dies before the decedent, the children of the heir lose the right of subrogation at the time of the death of the decedent. Although the death of the heir before the decedent is the only condition for subrogation, the renunciation of the right of inheritance before the death of the heir is expressly expressed, that is, the renunciation of the right to enjoy the inheritance of the decedent without compensation, and the renunciation of this right indicates that the heir has no right to inherit. The loss of inheritance rights can be divided into absolute loss and relative loss.

The absolute loss of the right of inheritance, also known as the final loss of the right of inheritance, refers to the final loss of the right of inheritance of the heir due to the occurrence of some legal reason, and the heir must not and cannot enjoy the right of inheritance. The relative loss of inheritance rights, also known as the non-final loss of inheritance rights, refers to the loss of the inheritance rights of the heirs due to the occurrence of certain legal reasons, but the inheritance rights of the heirs may not be lost when certain conditions are met.

Legal basisArticle 1125 of the Civil Code of the People's Republic of China Where an heir commits any of the following acts, he or she loses the right of inheritance: (1) intentionally killing the decedent; (2) killing other heirs for the purpose of competing for an inheritance; (3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious; (4) Forging, altering, concealing, or destroying a will, where the circumstances are serious; (5) Using fraud or coercion to compel or obstruct the decedent from establishing, modifying, or withdrawing a will, and the circumstances are serious. Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights.

Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.

Legal Analysis:1Intentional killing of the decedent (absolute forfeiture). Leakage.

2.Killing other heirs for the sake of an inheritance (absolute forfeiture).

3.Where the circumstances of abandonment of the decedent or abuse of the decedent are serious, and the heir loses the right of inheritance due to the abandonment of the decedent or the abuse of the decedent due to serious circumstances, it is a relative loss of the right of inheritance.

4.Forgery, alteration or destruction of a will, if the circumstances are serious (absolute loss) If the circumstances of forgery, alteration or destruction of a will are serious, the right to inheritance shall be lost.

Legal basis: "The People's Republic of China and the Civil Code of the People's Republic of China".

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the 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 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the beginning of the celery branch inheritance, 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 or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Legal Analysis: Under normal circumstances, the heirs who kill the decedent or other heirs for their own personal interests, or abuse the decedent, illegally tamper with or conceal the will, or hinder the inheritance of other heirs in an improper way, will lose the right to inherit.

Legal basis: Article 1125 of the Code of the People's Republic of China (NPC) Article 1125 If an heir commits any of the following acts, he shall lose his right of inheritance:

1) Intentionally killing the decedent;

(2) killing other heirs for the purpose of competing for an inheritance;

(3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

(4) Forging, altering, concealing, or destroying a will, where the circumstances are serious;

(5) Using fraud or coercion to compel or obstruct the decedent from establishing, modifying, or withdrawing a will, and the circumstances are serious.