Family affection is certainly the greatest emotion in the world, but once interests are involved, even people with blood relationships will inevitably have rifts. This is the case when it comes to the issue of inheritance inheritance . Once there are too many heirs, it is extremely easy to have some disputes.
Inheritance and inheritance are generally between relatives, and bloodlines will keep the family together, so relatives are the first choice for legal heirs. However, the will of the deceased is what needs the most respect, so the one who ranks before the legal heir is the heir designated in the will of the deceased. In addition to these two inheritance methods, there are also heirs designated through the bequest agreement . After the implementation of the " Civil Code ", the family affection and bloodline in the " Inheritance Law " is more important: nephews and nieces also enjoy the right to inherit. This regulation has caused many people to react fiercely, believing that there are many more people fighting for inheritance, but in fact there is no need, because before the nephews and nieces, there are many heirs in the ranks.
According to the laws of our country, inheritance is inherited in the following order: (1) First order: spouse, children, parents; (2) Second order: brothers and sisters, grandparents, grandparents. After the inheritance of
begins, it is inherited by the first-order heir of , and the second-order heir of , does not inherit; if there is no first-order heir of heir, it is inherited by the second-order heir.
When inheriting, the share of inheritance of people of the same rank should be balanced, but it can be allocated specifically based on the actual life situation, the degree of closeness to the deceased and the degree of closeness to the life of the deceased. For example, Jia has been separated from his wife for many years. The relationship between them is very weak but the marriage relationship has not been terminated. Jia's children are taken care of by their side all year round. Jia's daily life and other expenses are borne by the children. In this case, when inheriting Jia's inheritance, his wife has the right to inherit, but when distributing, he should be tilted towards Jia's children, so that the principle of fairness can be reflected.
Spouse, children, and parents belong to the first priority family heirs. In principle, distribution and inheritance should be balanced. If either party dies, the other two parties will inherit it. If all the people in the first priority die earlier than the deceased, the direct descendants of the first priority heir will be inherited by the first priority.
If Jia was 70 years old, widowed in his early years, and his only child died in a car accident and his daughter-in-law when he was 40 years old, then when Jia died, all his first heirs were no longer alive, then his heirs were children of their children, that is, their grandson and granddaughter.
There is another situation in this case. Assuming that Jia's only child died in a car accident, but his daughter-in-law took care of Jia with her child until he died. From a legal perspective, since the moment Jia's son was 40,000 yuan, his marriage with his wife automatically ended, so she no longer belonged to Jia's direct descendants, but she fulfilled the obligation to support , so she is still the first heir and should inherit Jia's inheritance.
When all the heirs in the first ranking cannot inherit the property, the heirs in the second ranking, that is, the brothers and sisters, grandparents, and grandparents of the deceased.
The new provision of the Civil Code is to add a line based on this article: If the deceased's brothers and sisters die before the deceased's deceased, the children of the deceased's brothers and sisters will inherit by the children of the deceased's brothers and sisters; the subrogative heir can generally only inherit the share of the inheritance that the subrogative heir has the right to inherit.
If the deceased's brothers and sisters cannot inherit, they will be inherited by their children. That is to say, the deceased's nephews, children, nephews and nieces are qualified to inherit, but they can only inherit the small amount that their parents can inherit.
Assuming that Jia had 1 million inheritance when he passed away, his parents, children, and spouse all passed away before him, and his children had no children in their entire lives, then his inheritance could only be inherited by his brothers and sisters, grandparents, and grandparents. At that time, only his brothers and sisters were alive, and these property should be inherited by his brothers and sisters.
Assuming that he has 5 brothers in total, but the eldest brother has passed away, only the eldest brother's son is still alive, so his nephew can get a 200,000 yuan inheritance like several other uncles.
This regulation does not have to cause such great panic, because one more person who can inherit the inheritance does not mean that he will lose one's property. Inheriting the inheritance is strictly in accordance with the regulations, and it is not possible to obtain it through conspiracy and strategies like in film and television works.
In addition to inheriting the estate according to legal procedures, a will is one of the most effective ways to reduce estate disputes. However, because the will of the deceased is elusive when leaving, sometimes the decisions made may be incomprehensible.
For example, before Jia passed away, he might have had a lover who had lived with his lover for many years and developed a strong relationship. He was always on guard against his first wife, so he made a will to his lover before he died. He would not leave any penny for his first wife, children, and parents.
As long as the meaning is true and clear and complies with the statutory procedures, this will must be fine. However, this will does not conform to mainstream values, does not conform to public order and good customs , violates the marriage system of monogamous marriage, and openly provokes the rights and interests of the original wife, so in the end, the lover will not be allowed to obtain this inheritance. All property should be given to the heirs in the first order in the order of statutory inheritance .
When inheriting property, there are several situations where the heirs will lose their inheritance qualifications: ① intentionally kill the deceased, ② kill the other heirs for the sake of the inheritance, ③ abandonment, abuse the deceased in serious circumstances, ④ forge, tamper or destroy the will.
If all heirs lose their inheritance qualifications, the property of the deceased will belong to the state. "Inheritance" is essentially a flow of blood and a transmission of emotions in the era. If the agency is done or even killed in order to inherit a fortune, then this behavior has violated the original intention of "inheritance" and the bottom line of being a human being.
In the final analysis, nephews, nieces, nephews and nieces can inherit the inheritance only further determines the importance of blood ties in inheritance relationships. When the inheritance really needs nephews and nieces to inherit, it is actually worthy of pity.
