Please give a case and analysis of the marriage inheritance law, don t come out at once

Zhu has a son (B) and a daughter, his daughter A died in an accident, and Zhu died of illness soon after, Zhu left an inheritance of 2 million, and pointed out in his will that he would give 1 million to his wife. His wife expressly renounced the estate. A has a son and a daughter, and B has two sons, and asks how the inheritance should be divided.

Zhu's estate is 2 million, and the validity of the will is higher than the statutory inheritance, so this case should be inherited according to the will, but his wife gave up the inheritance, so 1 million is included in the scope of statutory inheritance. The other 1 million Zhu has not been disposed of, and statutory inheritance is applicable. In legal inheritance, the children are the first in line of succession, and both A and B can inherit.

In this case, A has passed away, and according to subrogation, if the decedent's children die before the decedent, the heir's descendants can inherit by subrogation, so A's son and daughter can inherit A's unobtained share of the inheritance. In this case, A's son and daughter share 1 million, and B shares 1 million.

Answer: (1) It is an invalid marriage. Article 10 of the Marriage Law provides:

In any of the following circumstances, the marriage is invalid: 62616964757a686964616fe78988e69d8331333262373239 (1) bigamy; (2) There is a family relationship that prohibits marriage; (3) Suffering from a disease that is medically deemed unsuitable for marriage before marriage, and has not yet been married after marriage; (4) They have not reached the legal age for marriage. Therefore, in this case, although Li Liyu and Wang Qizhi had registered their marriage, because the parties had concealed the important fact of the legal age of marriage, according to Interpretation (1) of the Marriage Law, by the time of the lawsuit (i.e., 2003), one party had not yet met the substantive requirements for marriage.

Therefore, the act of marriage registration should be regarded as invalid registration.

2) has the right to sue, Li Li wants to register his marriage with Wang Qizhi before he has reached the age of marriage. Therefore, the act of marriage registration should be regarded as invalid registration.

3) To sum up, in this case, the marriage registration between Li Lixu and Wang Qizhi should be invalidated, mainly because they did not meet the legal requirements for marriage at the time of marriage registration. Because the party Li Lixiang did not meet the necessary conditions for marriage at the time of marriage registration, his marriage relationship with Wang Qizhi was invalid. According to Article 24 of the "Several Opinions on the Trial of Cases of Cohabitation by the People's Courts in the Name of Husband and Wife without Marriage Registration", it is stipulated that:

Where a citizen who has not reached the legal age for marriage cohabits in the name of husband and wife, or where a party who meets the requirements for marriage cohabits in the name of husband and wife without marriage registration, the marriage relationship is null and void and is not protected by law. Therefore, in this case, Wang Qizhi did not meet the substantive requirements of marriage at the time of marriage, and the relationship between the two parties should be regarded as an illegal cohabitation relationship. The people's court shall, in accordance with law, notify the marriage registration authority to withdraw the marriage registration certificate and dissolve the illegal cohabitation relationship between them.

Therefore, in this case, the people's court ruled in accordance with the law to resolve the illegal cohabitation relationship between Li Lixiang and Wang Qizhi. Although it is an illegal cohabitation relationship, but it has indeed been purchased into a de facto marriage, the deposit may be divided through mediation and negotiation or judgment by the people's court.

1. A is suspected of bigamy.

2. C and A did not know when they registered their marriage and did not bear legal responsibility.

3. The marriage between C and A is invalid.

1. A constitutes the crime of bigamy: Article 258 of the Criminal Law stipulates that a person who has a spouse and marries him, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

The crime of bigamy, where one party is already married, lives in the name of husband and wife without obtaining a marriage certificate with another person.

2. "B applied for housing in the unit with this marriage certificate" is a typical legal phenomenon of "unjust enrichment" without legal basis, obtaining improper benefits and causing losses to others.

3. C does not constitute the crime of bigamy, he married another person without knowing that he had a spouse. He has the right to apply for the dissolution of marriage between A and B or to apply for the dissolution of marriage with A.