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Anonymous users2024-02-07Legal analysis: The waiver of the right to inherit property should first indicate the name, gender, date of birth, ID number, relationship between the declarant and the decedent, and the number of the inheritance with the right of inheritance, and indicate the situation of all heirs, and indicate the voluntary renunciation of inheritance. Finally, the empty payment is signed by the declarant.
Legal basis: Article 174 of the Civil Code of the People's Republic of China After the death of the person being buried, in any of the following circumstances, the act of entrusting the person to carry out the loss of the calendar is valid: (1) The person does not know and should not know that the person who was buried is dead; (2) The heirs of the person being recognized as **; (3) It is clearly stated in the authorization that the ** right shall be terminated when the ** transaction is completed; (4) It has been carried out before the death of the person being **, and continues to be carried out for the benefit of the heirs of the person being **.
Where a legal person or unincorporated organization that is the subject of ** is terminated, the provisions of the preceding paragraph are to be applied by reference.
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Anonymous users2024-02-06Legal Analysis: Writing of Waiver of Property Inheritance Rights:
1. The personal declaration information of the waiver;
2. Indicate the relationship between the declarant and the decedent and the inheritance information;
3. Indicate the circumstances of all heirs, and state the voluntary return of the rotten inheritance;
4. Signature of the declarant.
Legal basis: Civil Code of the People's Republic of China
Article 1123 After the commencement of the inheritance of the Okiki, 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 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. "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.
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Anonymous users2024-02-051. How to write a renunciation of testamentary inheritance.
Declarer Gender Born on the date of the month, and now residing in the ID number:
My father (mother) died on the day of the year, month and month, my father (mother) and mother (father) had a good house located in the house before his death, with a construction area of square meters, real estate license number: My father (mother) (father) did not make a will during his lifetime, nor did he sign a bequest agreement with others, I am a son born in marriage between my father (mother) and my mother (father), according to the relevant provisions of the Civil Code of the People's Republic of China, I am one of the legal heirs of the property.
I hereby declare that I voluntarily renounce my right to inherit this property from my father (mother) and mother (father). The above information is true, if it is false, I am willing to bear all economic and legal responsibilities arising therefrom.
Declarant:
YYYYYYYYYYYYYYYYY
2. Renunciation of inheritance rights.
First, it must be an expression of renunciation by the heir himself, and no other person, including the guardian of the heir, has the right to renounce.
Second, the heirs have the capacity for civil conduct.
Thirdly, the renunciation of inheritance rights must be made at a specified time. The Civil Code of the People's Republic of China stipulates that the renunciation of the right of inheritance by the heir shall be made before the division of the estate after the commencement of the inheritance. After the division of the estate, the estate has become the property of the heirs, and it is the ownership rather than the inheritance that is relinquished.
Fourth, the renunciation of inheritance by the heir shall not harm the interests of others. For example, if the renunciation of the right of inheritance makes it impossible to perform the statutory obligations of support, support, maintenance, or other debts, the waiver shall be invalid.
Fifthly, renunciation of inheritance rights must be made in a statutory manner. If the waiver is made before litigation, it must be expressed in writing to the other heirs, and if it is expressed orally, and the person acknowledges it, or there is other sufficient evidence to prove it, it shall also be considered valid; In litigation, if the heir verbally expresses his renunciation to the court, the heir shall sign the record, and the waiver shall also be valid. If the heir renounces the inheritance and then repents, it must be submitted before the estate is disposed of, and the court will decide whether to recognize it according to the specific circumstances.
Our country is sensitive to the inheritance of the inheritance of the parties need to make an expression of intent, because some people may be involved in more debts, so they are unwilling to inherit the relevant inheritance. If you are willing to give up the right to inherit the estate, you do not need to bear the relevant debts, otherwise you will inherit the debts at the same time.
3. Legal provisions on the renunciation of inheritance rights.
Article 1124 of the Civil Code: If the heir renounces the inheritance after the commencement of 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 knowing of the bequest, make an expression 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. The heir's renunciation of testamentary succession can be declared by an express renunciation of testamentary succession agreement, or he may not make an expression of intent to accept the inheritance within 60 days from the date of knowing that he or she is entitled to the bequest, and it shall be deemed to have renounced testamentary succession.
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Anonymous users2024-02-04Party A's information, Party B's information, in accordance with the relevant national laws and regulations, on the basis of equality, voluntariness and consensus, Party A and Party B have reached the following agreement on Party B's waiver of the right to inheritance:
1. The children of both parties are deceased, and both parties legally inherit a set of real estate in the names of their parents. The property is located in room number with built-up area and is designed for use.
2. Both parties confirm that A and B are all the heirs of the propertyGenerally speaking, if the legal heir does not make any indication before the commencement of the inheritance, it means that he or she has to recognize his inheritance right, and if he makes an expression of renunciation of the inheritance, he no longer has the right to inheritance. Renunciation of an estate requires the signing of an agreement to renounce the right to inheritance. Below, we bring you a sample agreement for the renunciation of inheritance rights for your reference.
Party A and Party B are husband and wife, Party C is the son of Party A and Party B, and Party D, Party E and Party B are the daughters of Party A and Party B. Party A passed away with the year, month and day, and did not have a will before his death, nor did he sign a bequest and maintenance agreement with others. According to the Civil Code, Party B, Party C, Party D, Party E and Party F are the first order heirs of Party A.
In accordance with the laws and regulations of the state, and on the basis of equality, voluntariness and consensus, Parties B, D, E and F have reached the following agreement with Party C on the waiver of the right to inheritance.
According to local folk customs, Party B and Party D, Party E and Party B confirm that they will give up all inheritance rights of all property of Party A and Party B (including real estate, real estate and all their properties), and agree that all inheritance will be inherited by Party C! Party B and Party D, E and Ji will not be able to claim any rights against Party A in respect of any matter of the estate.
Legal basis: Article 1125 of the Civil Code (effective as of January 1, 2021) If an 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.
One by one, the analysis will be shown to you.
When the mother dies, the inheritance will begin. Set aside half to the father, and the remaining half of the first-order heirs will start to inherit, and if there is a will, according to the will, and if there is not, according to the law and the law of money, everyone will divide it equally, and at the same time take proper care of those who have no ability to work and no income. Therefore, the father's division of the building is in accordance with the law. >>>More
As a result of the capital flipping, the fourth son and the old man jointly enjoyed the ownership of the house, that is, co-ownership. When dividing the house, half of the share was given to the fourth son, and the remaining half was the inheritance. It is divided into four equal parts, i.e. 1 8 shares of the house occupied by each person. >>>More
The principle of protecting citizens' right to inherit private property is mainly manifested in the following ways: >>>More
1. You are not an adopted son or stepson, and you have no right of inheritance, but you have always been raised by the decedent, that is, your aunt and uncle, and belong to a person who is raised by the decedent and has no ability to live, and should be given an appropriate share of the estate to you. >>>More
You can inherit half of your father's property, because your father married a woman and did not get a marriage certificate is also a de facto marriage (it is estimated), so your father's current family property is only half of your father's, and because the son of the woman your father married has no de facto custody relationship with your father, he cannot inherit your father's property. So you can inherit half of your father's family's property, which is actually all his personal property!!