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Whether parents are the first heirs

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Whether parents are the first heirs


        

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  • 2024-06-06 06:00:50

    Parents are first in line heirs.

    1、 After the beginning of succession, if there is a will, it shall be handled in accordance with testamentary succession or bequest; if there is no will, it shall be handled in accordance with statutory succession. After the commencement of statutory succession, the successor in the first order shall inherit, and the successor in the second order shall not inherit; If there is no successor in the first order, the successor in the second order shall inherit. Among them, the first order includes spouse, children and parents, and the second order includes brothers and sisters, grandparents and maternal grandparents. Successors in the same order shall generally inherit in equal shares. Successors may also be unequal if they agree through consultation.

    2、 A successor shall lose his right of inheritance if he commits any of the following acts:

    (1) Intentionally killing the decedent;

    (2) Killing other heirs in order to fight for the inheritance;

    (3) The circumstances of abandoning or maltreating the decedent are serious;

    (4) Forging, altering, concealing or destroying wills, and the circumstances are serious;

    (5) Forcing or obstructing the decedent to establish, change or withdraw his will by means of fraud or coercion, and the circumstances are serious.

    [Legal Basis]

    Article 1127 of the Civil Code of the People's Republic of China states that inheritance shall be in the following order:

    (1) First order: spouse, children, parents;

    (2) The second order: brothers and sisters, grandparents, maternal grandparents.

    After the beginning of succession, the successor in the first order shall inherit, and the successor in the second order shall not inherit; If there is no successor in the first order, the successor in the second order shall inherit.

    The term "children" as used in this Part includes legitimate children, illegitimate children, adopted children and step children who are dependent.

    The term "parents" as used in this Part includes biological parents, adoptive parents and step parents who are dependent on each other.

    The term "brothers and sisters" as used in this part includes brothers and sisters of the same parents, half brothers and half sisters, adoptive brothers and sisters, and step brothers and sisters who have supported each other.

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