Whether one party in a common law relationship dies and the other has the right to inherit

Whether the other spouse in a common-law relationship has the right to inherit depends on a case-by-case basis.

If the deceased left a valid will during his lifetime, indicating that after his death the estate was donated to the other party who cohabited in accordance with the provisions of paragraph 3 of Article 16 of the Inheritance Law, the other party has the right to inherit the estate of the cohabitant.

If the deceased did not leave a valid will, the legal succession should be carried out in accordance with the provisions of the inheritance law, and the common-law relationship is different from the spouse in the legal marriage and does not fall within the scope of the legal heirs, in which case the other party of the deceased cohabitation has no right to inherit.

Judicial basis: Inheritance Law

Article 5 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 10 The inheritance shall be carried out in the following order:

First order: spouse, children, parents.

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. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Article 16: Citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may designate 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.

How long have you been living together? It is generally difficult to get the inheritance right from whoever pays for the usual expenses.

Legal analysis: If one of the cohabiting spouses dies, the other spouse cannot inherit the estate, but if it constitutes a de facto marriage, the spouse can inherit the estate.

Legal basis: Article 112 of the Civil Code of the People's Republic of China The inheritance of the estate shall be in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it will be inherited by the first-order heirs, and the second-order heirs of the Registry Bureau will not inherit; If there is no first-order succession state, the second-order heir inherits.

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: In general, if one spouse dies during cohabitation, the other spouse cannot inherit. If there is a will, it will be inherited according to the will.

The basis of the law is that the law is resistant to slipping: "Civil Code of the People's Republic of China" Article 1123 After the inheritance begins, 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.