The civil code has begun to be implemented, do you understand the 5 major changes in inheritance rights?

The Civil Code came into force on 1 January 2021, and many people are concerned about the "cooling-off period for divorce" added to the Code. In fact, in addition to the "cooling-off period for divorce", the "inheritance chapter" in the code has also modified the relevant contents of the Inheritance Law - the inheritance rights have changed, the way of making wills has changed, and the new estate administrator system is more known as "guardianship across time and space". Today, together with Lawyer Wu Dantong of Beijing Deheng (Lanzhou) Law Firm, this reporter will take you to see the changes related to inheritance rights in the Civil Code.

Two forms of will have been added

For example:

Uncle Zhang, who has reached the age of 90, wants to make a will for his children to avoid disputes between his children for real estate after a hundred years. But Uncle Zhang was illiterate since childhood, and he could only write his own name, and could not write a will. In this case, what should he do?

There are ways to:

Although Uncle Zhang is illiterate, he can choose to make a will by means of audio or video recording of the will or by printing the will, which are the two new forms of wills added to the Civil Code.

Article 1136 of the Civil Code stipulates that the printing of a will should be witnessed by two or more witnesses. The testator and the witness shall sign each page of the will, indicating the year, month and day.

Article 1137 of the Civil Code stipulates that a will made in the form of audio or video recording shall be witnessed by two or more witnesses. The testator and the witness shall record their names or likenesses, as well as the year, month, and day, in the audio or video recording.

Article 1138 of the Civil Code stipulates that the testator may make an oral will in a critical situation. The oral will should be witnessed by two or more witnesses. After the critical situation has been eliminated, if the testator is able to make a will in writing or audio or video recording, the oral will made shall be invalid.

Added the "latest first in wills" principle

When Talking to a neighbor, Uncle Zhang said that the eldest son has always been filial piety, so he made a will and left the property under his name to the eldest son. But since making the will, the eldest son's attitude towards himself has changed sharply, "I really regret giving him the house." What should I do if I encounter such children who "sentence two people" before and after making a will?

The Civil Code stipulates that the elderly can have an opportunity to amend the will, which guarantees the rights and interests of the testator to the greatest extent.

Article 1142 of the Civil Code stipulates that the testator may withdraw or change his or her will. After the will is made, if the testator commits a civil juristic act contrary to the content of the will, it shall be deemed to be a withdrawal of the relevant contents of the will. There are several wills, and if the contents are contradictory, the last will and testament shall prevail. This provision means that when multiple valid wills appear, the most recent will will be executed as a valid will.

Conceal a will, force a will, or lose the right to inherit

The sister complained: "You have been abusing your father for a long time, and you have not given medical treatment when you are sick, which has led to the death of your father, how can you still have the face to fight for the inheritance?" ”

The younger brother responded: "Does the law stipulate that I cannot have the right to inherit?" ”

Filial piety children usually ignore their parents, not only do not fulfill filial piety and even abuse their parents, after the death of their parents only think about how to divide the money, what should they do when they encounter such children?

Take away "his" inheritance rights.

Article 1125 of the Civil Code stipulates that an heir who commits any of the following acts shall lose the right to inherit:

1. Deliberately killing the heir;

2. Killing other heirs for the sake of the inheritance;

3. Abandoning the heir, or abusing the heir in serious circumstances;

4. Forgery, alteration, concealment or destruction of wills, if the circumstances are serious;

5. The circumstances of using fraud or coercion to compel or obstruct the heirs from establishing, modifying or withdrawing the will are serious.

It is worth noting that this provision adds two new statutory reasons for the heirs to lose their right to inherit, one is to conceal the will, the circumstances are serious, and the other is to use fraud or coercion to force or obstruct the heirs to establish, modify or withdraw the will, the circumstances are serious.

In addition, this article has added a new system of forgiveness for heirs, after the heir has lost the right to inherit after the above acts, if the heir does show repentance, the heir expresses forgiveness and forgiveness, or is listed as the heir in the will afterwards, the heir still has the right to inherit. However, the system of forgiveness does not apply to the deliberate killing of heirs or the killing of other heirs for the sake of competing for inheritance.

Increase the scope of valid heirs Nephews can inherit on their behalf

It can be said that this provision keeps up with the trend of the times, the current family shrinkage is more obvious, some young people are reluctant to have children, the civil code will be nephews, nieces, nephews, nieces are included in the scope of effective heirs, to a certain extent to solve the problem of inheritance in some cases.

Article 1128 of the Civil Code stipulates that if the children of the heirs die before the heirs, they shall be subrogated by the blood relatives of the direct descendants of the children of the heirs. If a brother or sister of the heir dies before the heir, the children of the brother or sister of the heir shall inherit the throne by subrogation. Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled. According to the Civil Code, nephews and nephews may inherit the inheritance by subrogation.

The civil affairs department may act as the administrator of the estate

The Civil Code adds a new system of estate administrators. Simply put, the administrator of the estate is the person who cleans, preserves, manages and distributes the property of the deceased person, and prevents the inheritance from being transferred, hidden, encroached upon, sold and other infringements in the process of management.

Article 1145 of the Civil Code stipulates that after the appointment of an administrator of an estate is from the beginning of inheritance, the executor of the will shall be the administrator of the estate; if there is no executor of the will, the heirs shall promptly select the administrator of the estate; if the heirs are not elected, the heirs shall jointly serve as the administrator of the estate; if there are no heirs or the heirs have given up the inheritance, the civil affairs department or the villagers' committee of the place of residence before the death of the inheritee shall serve as the administrator of the estate.

Article 1146 of the Civil Code stipulates that if there is a dispute over the determination of the administrator of the estate, the interested party may apply to the people's court for the appointment of the administrator of the estate.

Lawyers say

So, how do you make a legally valid will? Lawyer Wu Dantong suggested that attention should be paid to the following details.

1. Conditions that must be met for all types of wills

1. The testator has full capacity for civil conduct;

2. The will is the true meaning of the testator;

3. The content of the will is not illegal;

4. The disposition is the testator's lawful property;

(5) Reserve the necessary share for heirs who lack the capacity to work and have no means of subsistence.

2. The conditions that all witnesses must have

1. The witness has full capacity for civil conduct;

2. The witness has no other circumstances that do not have the ability to witness, that is, illiteracy, blindness, ignorance of the language of the will, etc.;

3. The witness is not an heir or a bequeath;

4. The witness has no interest in the inheritance.

3. Self-written wills

1. Personally write the full text of the will and sign;

2. Indicate the year, month and day.

4. Write a will on behalf of the will

1. One of the witnesses writes the full text of the will by hand as the testator;

2. Two or more witnesses are present;

3. Signatures of witnesses (including proxy authors) and testators;

4. Indicate the year, month and day.

5. Print the will

1. Two or more witnesses are present;

2. The testator and witness shall sign each page of the will;

3. Indicate the year, month and day.

6. Audio or video wills

2. The content of the will is displayed in the audio and video recording, according to past precedents, it is best to be explicitly approved by the testator after the witness statement or by the witness;

3. The testator and witness show a complete and clear face and report their names in the audio or video recording;

4. The recording time should be clear in the audio and video recording, such as displaying today's newspaper date, news station date, etc.

7. Oral wills

1. The testator's critical condition;

3. Testamentary statement;

4. The testator's critical condition is not lifted until his death. If the crisis situation is lifted, the oral will is invalid.

8. Notarized will

1. The testator is present in person;

2. Notary institutions and notaries have the corresponding qualifications;

3. Jointly handled by two notaries;

4. The notary shall make a record of the conversation, and if the testator is old and infirm, a critically seriously injured patient, an intermittent mentally ill person, a blind person, etc., a video or audio recording shall also be made.

Xu Peijie, all-media reporter of Lanzhou Daily

Source: Lanzhou Daily