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Limitation of action for estate disputes

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Limitation of action for estate disputes


        

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  • 2024-06-13 09:00:48

    1. Limitation of action for estate disputes
    The limitation of action for inheritance is three years. The subject of the right of inheritance may be specified directly by law, or designated by a legally valid will, or designated by a legacy maintenance agreement signed by the decedent and another person. Specifically, they are the legal heirs, the heirs designated by the will, and the heirs designated by the legacy maintenance agreement.
    Inheritance must begin after the death of the decedent. The right of inheritance stipulated by law is just a kind of expectant right enjoyed by the successor. If the decedent does not die, the inheritance relationship will not occur. Only after the decedent dies, the right of inheritance will become an acquired right.
    1、 Which should I pay for the legal fees of estate disputes
    1. The legal costs of the estate dispute case shall be borne by the losing party. If the winning party voluntarily bears the legal costs, the winning party shall bear the legal costs. In case of partial victory or partial defeat, each party shall bear a certain legal fee. The general legal fees are paid by the plaintiff in advance.
    2. Legal basis: According to Article 29 of the Measures for Payment of Litigation Costs, the litigation costs shall be borne by the losing party, except for those voluntarily borne by the winning party. If the case is partially won or partially lost, the people's court shall, in accordance with the specific circumstances of the case, determine the amount of litigation costs to be borne by the parties. If a party to a joint action loses the case, the people's court shall, in accordance with his interest in the subject matter of the action, determine the amount of litigation expenses to be borne by each party.
    I hope the above information can help you. If you have other related questions, you can consult a professional lawyer.
    Civil Code of the People's Republic of China
    Article 188 The limitation period of action for requesting the people's court to protect civil rights is three years. If the law provides otherwise, such provisions shall prevail.
    The limitation period of action shall be counted from the date when the obligee knows or should know that his rights have been damaged and the obligor. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the date of damage to rights, the people's court shall not protect them. Under special circumstances, the people's court may decide to extend them on the application of the obligee.

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    2024-06-13 09:00:48

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