In the public's impression, if you are an only child and the family has bought a house, if one day your parents die, the property in their name will be justified by themselves.
After all, he is an only child, and there is no competition for inheritance, is this really the case? In fact, in front of the law, it is not so simple to inherit the property.
Without "it", even an only child may not be able to inherit the parents' property in full, "it" is a will.
Article 1127 of the Civil Code stipulates that inheritance is inherited in the following order: (i) the first order: spouse, children, parents;
Article 1123 of the Civil Code stipulates that after the inheritance begins, it shall be handled in accordance with the statutory inheritance, and if there is a will, it shall be inherited or bequeathed in accordance with the will; if there is a bequest maintenance agreement, it shall be handled in accordance with the agreement.
After the inheritance begins, it is inherited by the heirs of the first order, and the heirs of the second order do not inherit; if there is no heir of the first order, the heirs of the second order inherit.
In layman's terms, if after a person's death, the person's estate is inherited according to the will, and if there is no will, it is inherited in the above order.
The first order of heirs is: spouse, children, parents, inheritance is inherited by the three parties, if it is an only child, only one-third of the inheritance can be inherited. If the person's first order heirs are gone, then the second order is inherited.
Remember the map of the distribution of inheritance that once went viral on the Internet?
This distribution chart truly reflects the story of a consultation I once encountered, so I will give the girl of this consultation the pseudonym Xu Ming.
01
Xu Ming never expected that as an only child, she would inherit the house in her father's name and actually need the consent of her uncle and aunt.
The reason for the story begins with a 132-square-meter house left by her father before her death, and the contradiction begins to appear after the death of her grandmother, and her uncle and aunt sue her in court, demanding to inherit the due inheritance and let Xu Ming pay a discount.
In court, Xu Ming was trembling with anger, her parents died early, all these years were grandma who raised her with painstaking efforts, and as grandma's son and daughter, uncle and aunt these years, in addition to the New Year's home to rub a meal, usually like there is no such home.
When my father died, my uncle and aunt coveted my father's property and encouraged my grandmother to make a will for the two of them, and my grandmother jumped to her feet and scolded: "As long as I am alive, you don't want to fight this house, this is what her father left to Xu Ming."
Unfortunately, Grandma is old and has a weak sense of law, which gives uncles and aunts an opportunity to take advantage. Because her uncle and aunt did have a share, this is legally called inheritance.
In the end, Xu Ming painfully fulfilled the sentence and has since severed ties with his uncle and aunt.
02
Although Xu Ming's father did promise to give him the house, without a will, Xu Ming still could not inherit the house alone, unless other people with inheritance rights went to the notary office or the court to explicitly give up.
If parents want to keep their property safely for their children, they can first give the property to their children before they die.
In the gift contract, it can be agreed that the house belongs to the personal property of the children, and then remember to do a notarization after the agreed gift is completed, and remember to go to the transfer registration in time after the notarization of the gift is completed, and register it in the name of the child.
When donating real estate, it is best to attach conditions: "As long as the parents are alive, they have the right to use the property". Because there will also be some unfilial children who will evict their parents from the house after the gift is transferred, this consideration is to ensure that the parents' right to reside is not violated.
Finally, remember that if parents can notarize a will before they die, establishing a will that can be protected by law may be the best way to avoid future generations getting involved in inheritance disputes.
03
As a lawyer, I have to remind that when making a will, you must pay attention to 4 points:
1. The content of the will must be for the property owned by the heirs themselves, and the property of others cannot be disposed of.
2. No matter what kind of will, the behavior must meet the legal requirements and be effectively identified.
Because the Civil Code clearly stipulates that notarized wills no longer have priority, even if there is a notarized will, the final will is still valid.
3. In practice, some heirs think that there is an "oral will" that can also be inherited, but in fact, it is better to have a "self-written will".
Because oral wills are difficult to achieve, the risk is extremely high. And it is best not to print the "self-written will" written by yourself, because the form of printing a will is relatively high, and such a will is also difficult to achieve.
4. The process of making a will is best filmed throughout the process. In this way, even if you go to court in the future, you can greatly improve the authenticity of the will. When signing, please also ask the heir to sign it in person, and do not find someone to sign it or use it. Also press your fingerprint on the signature.
With the development of society, the society's perception of wills is also changing, and more and more people do not reject making wills before death.
If you can discuss this matter with your parents in a kind manner, I believe that your parents will not blame you, because tomorrow and the accident really do not know which one will come first.
Because only by making a compliant and perfect will can we achieve the "effective planning before the body and accurate inheritance after the death".