Gift in inheritance law, difference between inheritance and gift

Article 16 of the Inheritance Law stipulates that a citizen may make a will to dispose of his personal property in accordance with the provisions of this Law and may appoint an executor. A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs.

Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs. There are five types of wills: notarized wills, self-written wills, written wills, recorded wills, and oral wills.

Article 17 of the Inheritance Law stipulates that a notarized will shall be handled by the testator through a notary public. The self-written will shall be written and signed by the testator, indicating the year, month and day.

A scrivener will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator. A will made in the form of a recording shall be witnessed by two or more witnesses. The testator may make an oral will in a critical situation.

An oral will should be witnessed by two or more witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will made is invalid. Article 20 of the Inheritance Act provides:

The testator can revoke or change the will he has made. If there are several wills and the contents conflict, the final will shall prevail. Self-written, scrivener, recorded, or oral wills shall not be revoked or changed.

Article 22 of the Inheritance Law stipulates that a will made by an incapacitated person or a person with limited capacity shall be invalid. The will must express the true intention of the testator, and the will made under duress or deception is invalid.

A forged will is invalid. If the will is tampered with, the tampered content is invalid. Oh.

The difference between inheritance and gift means that the gift of the decedent's estate refers to the decedent's donation of personal property to a person other than the state, collective, or legal heirs.

Inheritance includes statutory succession and testamentary succession, statutory succession refers to inheritance in accordance with the order of legal succession, and testamentary succession refers to the decedent's will to designate personal property to be inherited by one or more legal heirs.

1. What is the order of inheritance after the death of the father?

Generally, the following steps are followed:

1) If the decedent signs a bequest and maintenance agreement with a citizen other than the relevant collective organization or legal heir during his lifetime, and transfers his property to a supporter who bears the obligation of birth, support, death and burial;

The dependants will receive the inheritance according to the agreement between the parties, i.e. the bequest and maintenance agreement excludes the inheritance rights of the legal heirs.

2) If the deceased made a will in accordance with the law during his lifetime, designating his property to be inherited by one or more of the heirs, or donating his property to the state or the collective;

or a person other than the legal heir, the designated heir or donee will receive the inheritance according to the will, that is, the will excludes the inheritance rights of legal heirs other than the testamentary heir.

3) If the deceased does not make a will or bequest and maintenance agreement to dispose of his property before his death, his estate will be inherited by his legal heirs in accordance with the law in the legal order.

2. How to confirm the property rights of the house by inheritance.

The modes or forms of house inheritance include statutory inheritance, testamentary succession, subrogation, transfer inheritance, bequest and bequest maintenance agreement. Among them, statutory inheritance refers to inheritance in accordance with the scope of heirs, the order of inheritance and the principle of inheritance distribution as prescribed by law.

Subrogation means that the children of the decedent die or are declared dead before the decedent, and the direct blood relatives of the decedent's children replace the inheritance status and order of the deceased father or mother and inherit the share of the inheritance that the father or mother should inherit.

Succession refers to the fact that the heirs die shortly after the death of the decedent, so that the heirs of the decedent cannot actually obtain the decedent's estate, and the heirs of the heirs indirectly inherit the decedent's estate.

Bequest is a civil act in which a citizen donates his or her personal property to a person other than the state, the collective or the legal heir in the form of a will, and it becomes legally effective upon his death.

A bequest and maintenance agreement refers to a citizen who donates part or all of the property rights in his estate to an individual other than the state, a collective organization, a social group or a legal heir by will, and the law occurs after the death of the testator.

Validity of legal acts.

Article 1124 of the Civil Code provides that if the heir renounces the inheritance after the commencement of the inheritance, he shall make a written expression of renunciation of the inheritance before the estate is disposed of; 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 difference between inheritance and gift is as follows: inheritance includes statutory inheritance and testamentary inheritance, statutory inheritance refers to inheritance in accordance with the order of legal succession, and testamentary inheritance refers to the decedent's will to designate personal property to be inherited by one or more legal heirs, and the death of the decedent is the effective condition. Gift refers to the legal act of donating the property owner to others based on his true intention.

The death of the donor is not a condition for validity.

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 statutory inheritance; If there is a will, it shall be handled in accordance with the will, succession or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127.

The estate is inherited 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.

1. What is the difference between inheritance and gift.

1. The difference between inheritance and gift is:

1) The inheritance gift of the decedent refers to the donation of personal property by the decedent to a person other than the state, collective or legal heir;

2) Inheritance includes statutory inheritance and testamentary succession, statutory inheritance refers to inheritance in accordance with the order of statutory succession, and testamentary succession refers to the decedent's will to designate personal property to be inherited by one or more legal heirs.

2. Legal basis: Article 1124 of the Civil Code of the People's Republic of China.

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 estate is disposed of; 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 or making it, 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.

2. What are the ways of inheritance?

1. Testamentary succession, that is, the decedent makes a will before his death and designates the heir to inherit his own estate;

2. Bequest means that the deceased makes a will before his death, and gives the estate to the state, the collective, or a person other than the legal heir;

3. A bequest and maintenance agreement means that the decedent and the dependents enter into an agreement that the decedent shall bear the obligation of the decedent to support the deceased and bury him, and all or part of the property of the decedent shall be transferred to the dependents after the deceased group learns of his death. This method mainly occurs when the elderly have no one to support them;

4. Legal succession, that is, in the absence of the above three circumstances, the law determines the order according to the distance of kinship.

1.The effective time is different. A will takes effect after the death of the decedent; The validity of a gift contract is generally conditional on delivery, but the law clearly stipulates the gift and notarization of immovable property, which should be handled in accordance with the law.

2.A will is a unilateral act; A gift is a contractual relationship and a legal act between the two parties.

Legal basis: Article 1121 of the Civil Code of the People's Republic of China Inheritance begins when the decedent dies. Where several persons who have an inheritance relationship with each other die in the same event, and it is difficult to determine the time of death, it is presumed that the person who has no other heirs died first or seeker.

If there are other heirs, and the generations are different, it is presumed that the elder died first; If they are of the same generation, they are presumed to have died at the same time, and they are not inherited from each other.