What are the inheritance circumstances of loss of inheritance rights?

Updated on Financial 2024-04-02
4 answers
  1. Anonymous users2024-02-07

    The legal circumstances for loss of inheritance rights are:

    1. The heir intentionally kills the decedent;

    2. The heir kills the other heirs;

    3. Abandoning the decedent and abusing the decedent;

    4. Forgery, tampering, concealment or destruction of wills;

    5. Forcing or hindering the decedent to establish, change or withdraw the will by fraud or coercion.

    [Legal basis].Article 1125 of the Civil Code of the People's Republic of China.

    If the heir commits any of the following acts, he or she shall lose 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) Falsifying, tampering with, concealing, or destroying a will, where the circumstances are serious;

    5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where 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.

  2. Anonymous users2024-02-06

    1) Intentional killing of the decedent, regardless of whether it is a completed or attempted murder, shall be confirmed to have lost the right of inheritance; (2) If another heir is killed for the purpose of competing for the inheritance, whether it is a completed or attempted murder, as long as the intentional killing of the other heirs is carried out for the purpose of inheriting the property, the husband shall lose his right to inheritance; (3) Abandonment of the decedent or abuse of the decedent, where the circumstances are serious. Whether the circumstances of the heir's abuse of the decedent are serious should be determined from multiple aspects such as the time, means, consequences, and social impact of the abuse; If the abuse of the deceased is serious, regardless of whether he or she is investigated for criminal responsibility, he will lose his inheritance rights; Where the circumstances of the heir's abuse of the decedent are serious, or the circumstances are serious, or the decedent is abandoned, the heir truly shows repentance after education, and receives the forgiveness and forgiveness of the inherited or abandoned person, and does not lose the right of inheritance; (4) If the heir tampers, forges or destroys the will, infringes on the interests of the heir who lacks the ability to work and has no livelihood, and causes him or her life difficulties, and the circumstances are serious, he shall lose the right of inheritance.

  3. Anonymous users2024-02-05

    Legal analysis: The circumstances under which the inheritor loses the right of inheritance are:

    1) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious;

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

    3) other heirs for the purpose of competing for the inheritance;

    4) Abandonment of the decedent, or abuse of the decedent, where the circumstances are serious;

    5) Intentionally killing the decedent.

    Legal basis: 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 inheritance begins, 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.

  4. Anonymous users2024-02-04

    According to the law, the heir shall lose the right of inheritance under any of the following circumstances: (1) the heir intentionally kills the decedent. It should be noted that regardless of whether it is completed or not, and regardless of the motive for killing, the right to inherit the decedent himself is lost; In addition, the heir only loses the inheritance right of the decedent to whom he was killed, and not the inheritance right of a third party other than the decedent.

    2) Heirs kill other heirs in order to compete for inheritance. It is required that the purpose of the killing must be to compete for the inheritance; The heir loses only his right to inherit the decedent in dispute. (3) The heirs abandon the decedent or abuse the decedent, and the circumstances are serious.

    According to the judicial interpretation of the Supreme Court, if the heir later repents and the decedent forgives him during his lifetime, his inheritance rights can be restored. Therefore, the right of inheritance of the heir at fault in this case is not absolutely lost. (4) The heirs forge, tamper with, or destroy the will, and the circumstances are serious.

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