After my husband cheated, he not only had an illegitimate child with the unworthy woman, but also made a will to give all the property to the illegitimate child, and the unworthy woman also sued me for handing over the house and savings.
Basic facts of the case: Old Lin, who lives in a certain place in China, has not had a girl to marry him because of his family poverty, until he was introduced to the high widow of the next village (with a 3-year-old daughter Xiaoping), at the beginning the two were also raised eyebrows, respected as guests, but unfortunately the two have not had children, and although the old Lin family is poor, but people are still quite intelligent, relying on a superb carpenter's craftsmanship has also accumulated a lot of belongings, but not having their own children has always been his heart disease, and later inadvertently learned that it is not his own. But the wife is worried that Lao Lin has his own child and snubbed Xiao Ping, so he went to the hospital privately on the birth control ring, after The old Lin learned, under the sadness and indignation, the idea of wanting to have his own child became more and more intense, plus the original year was really unable to find a wife to marry the high widow, and there was no sense of truth, so it was logical, the old Lin This diamond king Lao Wu naturally did not lack red face confidants, and later facilitated his secretary to come together and have a son Xiaolin, originally this life was also calm, the old Lin Xiaolin father and son were sweet, Gao widow Xiaoping also did not obstruct, but at this time an accident occurred, Lao Lin unfortunately encountered a car accident (obtained 200,000 yuan in compensation) on a delivery trip, his life was short, before he died, he thought of Gao Widow's deception of himself, he made a will (and notarized), gave his 600,000 yuan deposit, a set of commercial houses worth 1.2 million yuan to his lover and Xiaolin, soon after Lao Lin passed away, the secretary took Lao Lin's will and a complaint to the widow to the court, asking her to move out of the house and hand over the deposit!
So can the little secretary's request be supported?
How can a high widow mother and daughter protect their rights and interests?
What should be done with the legacy left by Lao Lin?
How should I handle compensation for car accidents?
Case Analysis: In order to correctly handle this matter, we must first straighten out the relationship between individuals and the issues involved, and then we can find a legal basis for conclusions!
1, can Lao Lin directly make a will to deal with real estate and deposits, the answer is no, Lao Lin can not directly dispose of all property by one person, according to article 1153 of the Civil Code, the joint property of husband and wife, when dividing the estate, should be divided between all the joint property of the husband and wife for their spouses, and the rest can be handled by them according to their wishes!
2. Can the gift of the secretary in Lao Lin's will allow the secretary to get what he wants? This issue is actually a bit controversial, because according to the voluntary principle of civil law and the priority of testamentary succession, the little secretary can get his share according to the will, but with reference to the precedent of the Luzhou second milk inheritance case, because the "second milk" and "small three" things are unethical, according to the principle of public order and good customs of the general principles of civil law at that time <民法典>(that is Article 8) Therefore, the plaintiff's claim against the deceased's wife at that time was rejected, and I believe that all legal reasons and human feelings should be taken into account, and the law should be subject to moral supervision, so my opinion can be properly divided among certain property, and it must not be inherited by it in its entirety, so as not to disturb the public order and good customs of society, because all the provisions of the civil law must not violate the basic principles of the civil law!
3. Xiao Ping, the stepdaughter of Lao Lin, does the parent born of an extramarital affair have the right to inherit? Can I participate in inheritance? First of all, Xiaoping, it is reasonable to say that Xiaoping and Lao Lin are not related by blood, in our common sense understanding, Xiaoping has no right to inherit, but article 1127 of the Civil Code on statutory inheritance, the children referred to in this part, including children born in wedlock, children born out of wedlock, adopted children and stepchildren with a dependent relationship, as well as children born out of wedlock mentioned in article 1071 of the Civil Code, enjoy the same rights as children born in wedlock. Therefore, both Xiaoping and Kobayashi can participate in the inheritance as the first heir and enjoy the right to inherit!
4. How to deal with Lao Lin's car accident compensation? In the first article, we said that before the inheritance is divided, the wife's share of the marital common property should be divided, so is the 200,000 yuan of car accident compensation the joint property of the husband and wife? According to article 1063 of the Civil Code, compensation or compensation received by one party for personal injury is the personal property of one party! Therefore, this 200,000 yuan can be handled by Lao Lin personally!
Conclusion: First of all, what we want to say is that although I support the old Lin's will for the gift of his lover's secretary, it does not mean that the will is all invalid, but only that this one is invalid, and the other provisions in the will are valid, so the 600,000 yuan deposit and the 1.2 million yuan house mentioned in the text are divided into half owned by Lao Lin's wife, and the other half is inherited by his son Xiaolin according to the will, and the 200,000 yuan of car accident compensation and the widow Gao, stepdaughter Xiaoping, who are not involved in the will, are not covered by Lao Lin's wife Gao Widow, Stepdaughter Xiaoping, Parent-child Kobayashi and parents inherit as the first heir!
Relevant laws:
Articles 8, 1063, 1071, 1153, 1127 of the Civil Code!
Speak one's mind:
What do you think about this? Do you think that the "second milk" is eligible to inherit? Do you support the use of the principle of public order and good customs to reject the "second milk" inheritance request?