Enquiring knowledgeable people Inquisitive education Hospital Treasury

Can testamentary succession be given to second order heirs

home page

Can testamentary succession be given to second order heirs


        

Submit answer
Favorable reply
  • 2024-06-21 21:01:42

    Article 10 of the Inheritance Law of the People's Republic of China shall inherit the estate in the following order:
    First order: spouse, children, parents.
    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 mentioned in this Law includes legitimate children, illegitimate children, adopted children and step children who are dependent on them.
    The "parents" referred to in this Law include biological parents, adoptive parents and step parents who have supported or supported them.
    For the purposes of this Law, "brothers and sisters" include 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.
    The time for a successor to renounce inheritance shall be from the beginning of succession to the time before the partition of the estate. Article 25 of the Inheritance Law of our country stipulates that "if a successor abandons inheritance after the beginning of inheritance, he shall make an indication of abandoning inheritance before the disposition of the estate. If he does not make an indication, he shall be deemed to have accepted inheritance." It also stipulates that "a legatee shall make an indication of accepting or abandoning a legacy within two months after he knows of the legacy. If there is no indication at the expiration of the time limit, the legacy shall be deemed to have been abandoned. "
    The effect of waiver of inheritance can be traced back to the beginning of succession. That is, if the successor abandons inheritance before the division of the estate, it shall be deemed that he has abandoned the right of inheritance since the beginning of inheritance, not only has no right to the estate, but also has no obligation to the debts of the decedent before his life, and has no right to the fruits of the estate.
    If a successor gives up inheritance because he is unwilling to perform his statutory obligations, or if he does not want to pay off the debts of the decedent, or is unwilling to assume the obligations of support, upbringing, or maintenance, the interests of others will inevitably be harmed. In this regard, the judicial interpretation of the Supreme People's Court stipulates that "if a successor is unable to perform his statutory obligations due to his waiver of the right of inheritance, the act of waiving the right of inheritance is invalid.

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):