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How to deal with the conflict between testament and statutory succession

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How to deal with the conflict between testament and statutory succession


        

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  • 2024-06-26 11:00:57

    Statutory succession refers to the way in which a successor obtains the inheritance of the decedent's estate in accordance with the scope of the successor, the order of inheritance and the principle of inheritance distribution determined by law without legacy maintenance agreement and will. A will is a unilateral civil legal act in which a natural person disposes of his own property and arranges property related affairs in accordance with the law before his life and becomes legally effective after his death. Legacy maintenance agreement refers to the agreement signed between the legator and the dependents (including organizations), in which all or part of the legator's property is transferred to the dependents according to the agreement after his death, and the dependents undertake the obligation of caring for the deceased and burying the deceased.
    Legacy maintenance agreements precede wills and statutory succession, and wills precede statutory succession. If the decedent has left a will, he shall first execute it according to the will, and only the property not disposed of in the will can be inherited legally. After the testamentary successor obtains the estate in accordance with the will, he shall still have the right to obtain the estate that has not been disposed of in accordance with the provisions of Article 13 of the Inheritance Law.
    If the decedent has a legacy maintenance agreement with another person before his life and has a will at the same time, after the beginning of succession, if the legacy maintenance agreement does not conflict with the will, the estate shall be treated as an agreement and a will respectively; If there is any conflict, it shall be handled according to the agreement, and the wills in conflict with the agreement shall be invalid in whole or in part.
    In short, when legacy maintenance agreement, will and statutory succession conflict, legacy maintenance agreement precedes will and statutory succession, and testamentary succession precedes statutory succession.
    Legal basis:
    Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China
    5. If the decedent has a legacy maintenance agreement with others before his life and has a will at the same time, after the beginning of succession, if the legacy maintenance agreement does not conflict with the will, the estate shall be treated as an agreement and a will respectively; If there is resistance, it shall be handled according to the agreement, and the wills in conflict with the agreement shall be invalid in whole or in part.

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