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How Wife, Children and Parents Inherit

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How Wife, Children and Parents Inherit


        

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  • 2024-06-05 20:01:39

    Wife, children and parents are the first order heirs, and the inheritance share is as follows:

    1. Successors in the same order shall generally inherit in equal shares.

    2. When distributing the estate, consideration shall be given to heirs who have special difficulties in life and lack the ability to work.

    3. When distributing the estate, a successor who has made major contributions to the decedent or who lives with the decedent may receive a larger share.

    4. If successors who are able and qualified to support them fail to fulfill their obligations, they shall, at the time of distributing the estate, give no or a small share.

    5. Successors may also be unequal if they agree through consultation.

    [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.

    Article 1130 of the Civil Code of the People's Republic of China states that successors in the same order shall generally inherit equal shares of the estate.

    When distributing the estate, consideration shall be given to heirs who have special difficulties in life and lack the ability to work.

    When distributing the estate, a successor who has made major contributions to the decedent or who lives with the decedent may receive a larger share.

    If successors who are able and qualified to support them fail to fulfill their obligations, they shall, at the time of distributing the estate, be given no share or a small share.

    Successors may also be unequal if they agree through consultation.

    z***

    2024-06-05 20:01:39

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