The Civil Code of People’s Republic of China (PRC) will be implemented from January 1st, 2021.One of them is rightHow can parents’ property be transferred to their children through inheritance?Detailed regulations have been made, and many of these regulations are new regulations put forward in combination with the current situation. That is to say,The new rules of "inheritance right", starting from 2021, all parents’ properties will be disposed of according to the "new rules".
Change 1
The new right of inheritance has increased. Two ways to make a will
In the past, the common and most effective way to make a will wasGo to the notary office for notarization,However, people who want to make a will are generally elderly people, and their actions are naturally slow and inconvenient. The notary office is tens of hundreds of kilometers away, and the old people can’t stand this toss.
New inheritance rules,Added two legal and effective ways to make a will: video will and print will.This can alleviate many troubles of the old people. For example, many old people can’t read or know clearly when they are old, so they can make videos.
Change 2
In order to prevent being forced to make a will, the "witness" rule has been added.
In order to compete for their parents’ real estate, some children will do strange things, such as telling their parents something in advance and asking them to make a will according to their own opinions, otherwise there will be serious consequences.
So, in order to prevent this from happening,It is stipulated that two witnesses must be present to ensure that the will comes from the old man’s inner thoughts.
Change 3
The newly added "forgiveness" system of wills
When the heir repented after doing something wrong, he got the understanding and forgiveness of the decedent, and the normal family relationship was repaired.The law will restore its inheritance right, which is the inheritance "forgiveness system".
The "forgiveness system" has been recognized in the previous judicial interpretation and has achieved good results in judicial practice. This system is actuallyIt gives the heir a chance to turn over a new leaf, and at the same time it embodies the rule design that respects the will of the decedent.
Change 4
New regulation settingThe principle of "the latest will comes first"
As long as it is a legal and valid will,Which will is the latest and latest from now?,Then this will will be executed as the most effective will.
This was not possible in the past. According to the previous regulations, in all kinds of wills,Only "notarized will" has the greatest legal benefit,No matter what kind of will the children hold, as long as there is a notarized will, it will eventually prevail.
The new regulations are in chronological order,The latest will will be executed according to this will.
Change 5
The new regulations have increased the scope of effective heirs.
In order to pursue a higher quality of life, more and more young people are reluctant to have children. With the shrinking of families becoming more and more obvious, many families mayWithout the first and second legal and effective heirs,So who will the property and real estate that these people have struggled for a lifetime eventually give?
The new regulations add heirs.Scope, nephews, nieces, nephews and nieces are among them.You can inherit the property according to law.
The above is the new civil code
Changes about inheritance
I also want to remind everyone.
There are four kinds of property that cannot be inherited.
Some of them are only children.
one
Among the property jointly owned by the decedent and others,What belongs to others cannot be inherited.
This situation means that the property appears to belong to the decedent,In fact, the decedent does not own all the ownership,The most common situation is that husband and wife share property.
for instance
Lao Zhang and his wife have two sons. The couple bought a house after marriage and registered it in Lao Zhang’s name. After his wife died, Lao Zhang lived with his youngest son. Now Lao Zhang has passed away, leaving a will stating that the house belongs to the younger son.
Does that mean that the eldest son can’t get a room?No, the eldest son can still get one-sixth of the property.Why? Look at the picture below to understand ↓
edit
In fact, Lao Zhang’s wife also owns half of the house. If Lao Zhang’s wife didn’t make a will before her death, according to the law,Half of the property in Lao Zhang’s wife’s hand will be shared equally by Lao Zhang, the eldest son and the youngest son.
As a result of the distribution, Lao Zhang holds 2/3 of the property rights, and the eldest son and the younger son each hold 1/6 of the property rights.And Lao Zhang’s will can only determine the ownership of 2/3 of the house.
It is also true that the only child may not inherit his own house on the Internet. How to solve these problems? Simple, just make a will and make it clear.
2
Some rights cannot be inherited.
for examplePersonal rights and intellectual property rights.Lao Zhang wrote a best-selling book, which earned considerable copyright income every year. After Lao Zhang died, his only son Xiao Zhang was the heir.You can still enjoy copyright income,But Lao Zhang, as the author of this work,The right of signature, including the right to modify the work, etc.Xiao Zhang can’t inherit it.
three
Death compensation and pension cannot be inherited.
Because this property is generally obtained after the decedent died in an accident or on business, it is a financial subsidy and spiritual comfort to the close relatives of the deceased. Attention!This is for the close relatives of the deceased, so it does not belong to the deceased’s estate and cannot be inherited.
four
Insurance money generally cannot be inherited.
Whether the insurance money can be inherited as an inheritance depends. Generally speaking, if the insurance specifies the beneficiary, after the death of the insured,The insurance money should belong to the beneficiary, not the insured’s estate.Except for special circumstances, of course.
The full text of the Civil Code-Inheritance:
Part VI Inheritance
Chapter I General Provisions
Chapter II Legal Succession
Chapter III Testamentary Succession and Legacy
Chapter IV Disposal of Legacy
Part VI Inheritance
Chapter I General Provisions
Article 119 This Part regulates civil relations arising from inheritance.
Article 120 The State protects the right of inheritance of natural persons.
Article 121 Inheritance begins at the death of the decedent.
If several people who are related to each other died in the same event, and it is difficult to determine the time of death, it is presumed that the person without other heirs died first. There are other heirs, and if there are different generations, it is presumed that the elders will die first; Those of the same generation are presumed to have died at the same time, and there is no succession to each other.
Article 122 An inheritance is the personal legal property left by a natural person when he dies.
An inheritance that cannot be inherited according to the law or its nature shall not be inherited.
Article 123 After the succession begins, it shall be handled in accordance with the statutory succession. If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement.
Article 1124 If an heir abandons the inheritance after the inheritance begins, he shall make a written statement of abandonment before the disposal of the inheritance; If there is no indication, it is regarded as accepting inheritance.
The legatee shall, within 60 days after knowing the legacy, make an indication of accepting or giving up the legacy; If there is no indication of maturity, it shall be regarded as giving up the legacy.
Article 1125 An heir who commits one of the following acts shall lose the right of inheritance:
(1) Intentionally killing the decedent;
(2) Killing other heirs in order to compete for inheritance;
(3) Abandoning the decedent or maltreating the decedent if the circumstances are serious;
(4) Forging, tampering, concealing or destroying a will, if the circumstances are serious;
(5) forcing or obstructing the decedent to establish, change or withdraw his will by fraud or coercion, and the circumstances are serious.
If the heir has committed the acts mentioned in Items 3 to 5 of the preceding paragraph, and indeed shows repentance, and the decedent expresses forgiveness or lists him as an heir in his will afterwards, the heir shall not lose his inheritance right.
If the legatee commits the act specified in the first paragraph of this article, he shall lose the right to be bequeathed.
Chapter II Legal Succession
Article 126 The right of inheritance is equal between men and women.
Article 127 The inheritance shall be inherited in the following order:
(1) First order: spouse, children and parents;
(2) The second order: brothers and sisters, grandparents and grandparents.
After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it will be inherited by the successor in the second order.
The children mentioned in this Part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
The parents mentioned in this Part include biological parents, adoptive parents and step parents with dependent relationship.
Brothers and sisters referred to in this part include brothers and sisters with the same parents, half-brothers or half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationships.
Article 128 If the decedent’s children died before the decedent, subrogation inheritance shall be the direct descendant of the decedent’s children.
If the decedent’s brother and sister died before the decedent, subrogation inheritance, the child of the decedent’s brother and sister.
Generally speaking, subrogation inheritance people can only inherit the share of the inheritance that subrogation inheritance people have the right to inherit.
Article 129 A widowed daughter-in-law who has performed the main duty of supporting her in-laws and her in-laws shall be regarded as the first heir.
Article 130 Generally, heirs in the same order shall inherit an equal share of the estate.
Heirs who have special difficulties in life and lack the ability to work should be taken care of when distributing their inheritance.
Heirs who have made major maintenance obligations to the decedent or who live together with the decedent may get more points when distributing their inheritance.
If an heir who has the ability and conditions to support fails to fulfill his obligation to support, he shall not divide or divide the inheritance.
If the heirs agree through consultation, they may also be unequal.
Article 131 A proper inheritance may be distributed to those who depend on the support of the decedent other than the heir, or those who support the decedent more than the heir.
Article 132 The heirs shall handle the issue of inheritance through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity. The time, method and share of inheritance division shall be determined by the heirs through consultation; If negotiation fails, the people’s mediation committee may mediate or bring a lawsuit to the people’s court.
Chapter III Testamentary Succession and Legacy
Article 133 A natural person may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint an executor.
A natural person may make a will to designate personal property to be inherited by one or more legal heirs.
A natural person may make a will to donate personal property to an organization or individual other than the state, the collective or the legal heir.
A natural person may establish a testamentary trust according to law.
Article 134 A self-written will shall be written and signed by the testator, indicating the year, month and day.
Article 135 A will in lieu of letters shallThere are more than two witnesses present to witness., written by one of them, and signed by the testator, the representative and other witnesses, indicating the year, month and day.
Article 136 A printed will shall be witnessed by two or more witnesses. The testator and the witness shall sign on each page of the will, indicating the year, month and day.
Article 137 A will made in the form of audio and video recording shall be witnessed by two or more witnesses. The testator and the witness shall record their names or portraits, as well as the year, month and day in audio and video recordings.
Article 138 A testator may make an oral will in an emergency. An oral will shall be witnessed by two or more witnesses. After the emergency situation is eliminated, if the testator can make a will in writing or in the form of audio and video recording, the oral will made is invalid.
Article 139 A notarized will shall be handled by the testator through a notarization institution.
Article 140 The following persons cannot be witnesses to a will:
(1) Persons without capacity for civil conduct, persons with limited capacity for civil conduct, and other persons without witness capacity;
(2) Heirs and legatees;
(3) People who have an interest in the heirs and legatees.
Article 141 A will shall reserve the necessary share of the estate for the heirs who lack the ability to work and have no source of income.
Article 142 A testator may withdraw or change his will.
After making a will, if the testator carries out a civil legal act contrary to the contents of the will, it shall be regarded as the withdrawal of the relevant contents of the will.
There are several wills, and if the contents conflict, the last will shall prevail.
Article 143 A will made by a person without or with limited capacity for civil conduct is invalid.
A will must express the true meaning of the testator, and a will made by fraud or coercion is invalid.
Forged wills are invalid.
If the will is tampered with, the tampered contents are invalid.
Article 144 Where there are obligations attached to the inheritance or bequest of a will, the successor or legatee shall perform the obligations. If a person fails to perform his obligations without justifiable reasons, the people’s court may, at the request of the interested party or the relevant organization, revoke his right to accept part of the inheritance with obligations.
Chapter IV Disposal of Legacy
Article 1145 After the succession begins, the executor is the administrator of the estate. If there is no executor, the successor shall elect the administrator of the estate in time; If the heirs are not elected, the heirs shall jointly serve as the estate manager; If there is no heir or all heirs give up inheritance, the civil affairs department or villagers’ committee of the decedent’s domicile shall be the administrator of the estate.
Article 146 Where there is a dispute over the determination of the estate manager, the interested party may apply to the people’s court for the appointment of the estate manager.
Article 1147 An estate administrator shall perform the following duties:
(a) to clean up the heritage and make a list of the heritage;
(2) reporting the inheritance to the heirs;
(3) Take necessary measures to prevent the damage and loss of the heritage;
(4) Handling the creditor’s rights and debts of the decedent;
(five) according to the will or in accordance with the law;
(six) the implementation of other necessary acts related to the management of the estate.
Article 148 An estate administrator shall perform his duties according to law, and shall bear civil liability if his heirs, legatees and creditors are harmed by intentional or gross negligence.
Article 149 An administrator of an estate may be remunerated according to the law or the agreement.
Article 150 After the commencement of inheritance, the heir who knows the death of the decedent shall promptly notify other heirs and the executor. If none of the heirs knows the decedent’s death or knows the decedent’s death and cannot notify him, the unit where the decedent worked before his death or the residents’ committee or villagers’ committee at his domicile shall be responsible for notifying him.
Article 1151 A person who has an inheritance shall take good care of it, and no organization or individual may embezzle or scramble for it.
Article 152 After the succession begins, if the heir dies before the division of the estate and does not give up the inheritance, the inheritance that the heir should inherit shall be transferred to his successor, unless it is otherwise arranged in the will.
Article 153 Unless otherwise agreed, when dividing the property jointly owned by husband and wife, half of the property jointly owned shall be divided into the spouse’s property and the rest shall be the decedent’s property.
If the inheritance is among the common property of the family, when the inheritance is divided, the property of others should be divided first.
Article 1154 Under any of the following circumstances, the relevant part of the estate shall be handled in accordance with the statutory succession:
(1) The testator waives the inheritance or the legatee waives the legacy;
(2) The testator loses the right of inheritance or the legatee loses the right of bequest;
(3) The testator’s successor or legatee dies or terminates before the testator;
(4) the legacy involved in the invalid part of the will;
(5) the legacy that has not been disposed of in the will.
Article 155 When the estate is divided, the share of the fetus’s inheritance shall be reserved. The fetus is dead when it is delivered, and the reserved share shall be handled in accordance with legal inheritance.
Article 1156 The division of an estate shall be beneficial to the needs of production and life, and shall not damage the utility of the estate.
Legacy that is not suitable for division can be handled by discount, appropriate compensation or joint ownership.
Article 157 If one spouse remarries after the death of the other spouse, he has the right to dispose of the inherited property, and no organization or individual may interfere.
Article 158 A natural person may sign a legacy support agreement with an organization or individual other than the heir. According to the agreement, the organization or individual shall bear the obligation of keeping the natural person alive and having the right to be bequeathed.
Article 159 When dividing an estate, the taxes and debts that the decedent should pay according to law shall be paid off. However, the necessary inheritance should be reserved for heirs who lack the ability to work and have no source of income.
Article 160 An inheritance that has neither been inherited nor bequeathed shall be owned by the state and used for public welfare undertakings. If the deceased was a member of a collective ownership organization before his death, it belongs to the collective ownership organization where he belongs.
Article 161 The successor shall pay off the taxes and debts that the decedent should pay according to law within the limit of the actual value of the acquired estate. If the part exceeds the actual value of the estate, the heir will voluntarily repay it.
If the heir renounces inheritance, he may not be liable for paying off the taxes and debts that the decedent should pay according to law.
Article 162 The execution of bequests shall not hinder the payment of taxes and debts that should be paid by the legatee according to law.
Article 163 If there are both legal and testamentary inheritances and bequests, the legal heir shall pay off the taxes and debts that the decedent should pay according to law. The part exceeding the actual value of the statutory inheritance shall be paid off by the testator and legatee in proportion to the income.
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