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How to handle the notarization of voluntary abandonment of heritage

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How to handle the notarization of voluntary abandonment of heritage


        

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  • 2024-06-21 12:00:59

    Abandonment of the right to inherit property refers to the heir's express intention not to inherit the decedent's estate after the beginning of inheritance and before the division of the estate. In practice, the effect of abandoning inheritance is usually determined by notarization.
    First, the issue of jurisdiction. The party concerned may apply for the notarization of waiver of inheritance right to the notary institution in the place of residence, habitual residence, place of conduct or place of fact. If the party applies for the notarization of real estate, it shall apply to the notary institution in the place where the real estate is located.
    Secondly, the identity of the applicant. The heir must be the person who gives up the right of inheritance and is not allowed to act as an agent. If the party has difficulty in going to the notary office, the notary office can send a notary to the place where the party lives.
    Again, the materials should be submitted. When applying for notarization of renunciation of inheritance right, the applicant shall fill in the application form for renunciation of inheritance one by one, and submit the following materials: his identity certificate, the death certificate of the decedent, and the certificate of his relationship with the decedent (as long as he can prove that he really enjoys the inheritance right).
    Finally, I signed the declaration of waiver of inheritance.
    After examination, if the notary office believes that the facts are clear, the evidence is sufficient, the identity of the party concerned is true, and the party has full capacity to act, and the intention to renounce the right of inheritance is true, legal, and does not violate the law, it shall prepare and issue a public certificate of waiver of the right of inheritance according to law. The notarial certificate shall come into force as of the date of approval and issuance of the notarial certificate.
    Article 47 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Succession Law of the People's Republic of China
    A successor's waiver of succession shall be made in writing to the other successors. The oral waiver of inheritance, which is acknowledged by the person himself, or is proved by other sufficient evidence, shall also be deemed valid.
    Article 25 of the Notarization Law of the People's Republic of China
    A natural person, legal person or other organization may apply for notarization to a notary office in the place of its domicile, habitual residence, place of conduct or place of fact. To apply for notarization involving real estate, an application shall be submitted to the notary office in the place where the real estate is located for notarization involving the entrustment, declaration, gift and will of real estate, and the provisions of the preceding paragraph may apply.

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    2024-06-21 12:00:59

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