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Is testamentary succession a gift

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Is testamentary succession a gift


        

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  • 2024-06-23 10:00:02

    The so-called testamentary succession refers to the symmetry of statutory succession, and refers to a way of inheritance in which the successor designated in the will inherits the estate of the decedent according to the provisions of the will on the type and amount of the estate that he should inherit.
    Testamental succession is a testator's right to dispose of his property in accordance with his property ownership before his life, and to arrange who will inherit his property and how much he will inherit after his death in the form of a will according to his own wishes. As long as a will is legal, it is protected by law. According to the provisions of the Inheritance Law, if the decedent has a legal will, statutory succession is not applicable to ensure the realization of his will. The testator may designate one or more of the statutory successors to inherit the estate, regardless of the order of succession.
    If a citizen makes a will to donate his personal property to the state, a collective or a person other than the legal heir, it is a legacy.
    Legacy and testamentary succession are the same in disposing of the estate by means of testament. The difference between the two lies in the scope of the people who accept the estate. The people who accept the estate are within the scope of the legal heir, that is, the people who inherit the estate are outside the scope of the legal heir, that is, legacy.
    Therefore, in a narrow sense, legacy does not belong to testamentary succession.
    Articles 16 to 22 of the Full Text of the Inheritance Law of the People's Republic of China

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