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Can an ex-wife inherit from her ex husband

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Can an ex-wife inherit from her ex husband


        

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  • 2024-06-15 18:00:03

    After divorce, the wife may not inherit the estate of her ex husband, unless the ex husband has a will to leave it to his ex wife. Once the couple divorced, there would be no legal relationship, nor the spouse relationship in the Civil Code. Therefore, the ex wife is not the legal heir of the ex husband, and has no right to inherit the estate of the ex husband.

    Legal basis

    Article 1127 of the Civil Code of the People's Republic of China [Scope of legal successors and order of succession] Inheritance of the estate 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.

    Sa***

    2024-06-15 18:00:03

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