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There is inheritance, however, it is possible to divide less.
Article 13 of the Inheritance Law of the People's Republic of China stipulates that the share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.
Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed. If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.
Lawyer Wei Feng.
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There is the right of inheritance, but it is less.
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Tianjin Lawyer Li (Professional Divorce Lawyer):
There is the right of inheritance, but the inheritance can be divided less. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.
Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.
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If there is a right of inheritance, the inheritance shall be divided with little or no inheritance.
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If the parents fail to fulfill their obligation to support them, the children have the right to inherit. The Civil Code stipulates that spouses, children and parents are the legal heirs in the first order, and the children include legitimate children, illegitimate children, adopted children and stepchildren with a dependent relationship.
Article 1127 of the Civil Code of the People's Republic of China The inheritance of 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 to inherit, the second-order heir shall inherit the case. 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.
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Legal analysis: to see whether it is testamentary succession or statutory inheritance. If the decedent has a will, it must be executed in accordance with his legal and valid will. If there is no will, statutory succession applies.
According to the provisions of the law, the inheritance share of the legal heirs is generally divided equally in the same order. However, the heirs who need to receive the inheritance for equal share must be in the same order of inheritance and the conditions are roughly the same (roughly equivalent means that the working capacity is roughly the same, the obligations of each heir to the decedent are roughly the same, or the situation of living together with the deceased is roughly the same, and the supporting ability and support conditions of each heir are roughly the same).
Legal basis: Article 1125 of the Civil Code of the People's Republic of China An heir shall lose the right of inheritance if he commits any of the following acts: (1) intentionally killing the decedent, (2) killing other heirs for the purpose of competing for the inheritance, (3) abandoning the decedent, or abusing the decedent, where the circumstances are serious; (4) Forgery, alteration, concealment, or destruction of wills, where the circumstances are serious, and (5) Forcing or obstructing the decedent to establish, change, or revoke a will by means of fraud or coercion, where the circumstances are serious.
Where the heir commits the acts in items 3 to 5 of the preceding paragraph, and there is genuine repentance, and the decedent expresses forgiveness or later lists him as the heir in the will, the heir does not lose the right to inherit. 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.
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Legal analysis: custody and inheritance are different rights, and there is no necessary connection, inheritance refers to the right of the heir to inherit the estate, and the legal right to take Wang Pi Shed must have legal inheritance and testamentary succession.
Legal basis: Civil Code of the People's Republic of China
Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.
After divorce, parents still have the right and obligation to raise, educate and protect their children.
In the event of a divorce, children under the age of two shall be raised directly by their mothers. Where the parents of a child who has reached the age of two cannot reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
Article 1085? After the divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement does not reach a difficult rule, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
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