There is a standard answer to the question of whether the deceased's online account and virtual currency belong to the inheritance and whether they can be inherited. On January 10, the China Wills Database released the "Top Ten Typical Cases" in Beijing in 2023, and the "Wills Made by Bloggers with Millions of Fans" was selected as a typical case of the year.
Case 1: A blogger with millions of followers makes a will for his virtual property
Keywords: young people making wills, virtual property
Case Description:
At the beginning of 2023, the post-90s "B station up master" with millions of fans came to the China Will Bank to make a will, planning to leave the million-fan account to his friends to operate after his death, and inherit the virtual assets worth 3 million under his name to his parents.
Analysis:
Article 127 of the Civil Code stipulates that where the law has provisions on the protection of data and network virtual property, follow those provisions. Therefore, virtual property can be regarded as inheritance as long as it is the legal property of an individual citizen. If the virtual property can be related to the currency or other property in the real society, the virtual property has the nature of legal property and is itself disposable property.
In this case, the blogger not only embodies the advanced thinking of the post-90s generation, realizes the value of virtual property, but also protects virtual property through the reasonable and legal means of making a will. It is worth mentioning that in recent years, there have been more and more incidents of protecting virtual property through making wills. According to the White Paper of the China Wills Database, the virtual assets in the will include accounts such as QQ, WeChat, and online games, as well as a variety of virtual currencies.
Case 2: A 30-year-old unmarried doctor makes a will, leaving the estate to his mother, and if the mother dies, he will donate 赠️ the inheritance
Keywords: young people making wills, estate administrators, remarried families
Case Description:
Ms. Wu is a child of a single-parent family and has lived with her mother since she was a child, and the two have a deep relationship. Ms. Wu, who is now studying for a Ph.D., bought a property by her own hard work. Now, Ms. Wu's mother has remarried, and her stepfather has a child, and the two have become a family of four. Since she had no plans to get married for the time being, Ms. Wu found the Shanghai No. 2 Service Center and planned to make a will to leave a guarantee for her mother.
Through the advice of the experts of the China Wills Bank, Ms. Wu decided to leave the priority inheritance of the property to her mother and retain the residency right of her stepfather. If the mother dies before or at the same time as herself, the estate will be donated to the Han Hong Charity Foundation.
Analysis:
According to Article 1062 of the Civil Code, during the marriage, the property inherited or donated is the joint property of the husband and wife.
In this case, if Ms. Ng did not make a will, the property in her name would be inherited by her mother in the event of misfortune. But the mother and stepfather are married, so her estate is also the joint property of the mother and stepfather. The stepfather also indirectly has the right to inherit the estate.
However, according to Article 1063 of the Civil Code, the property that is determined to belong to only one party in a will or gift contract does not belong to the joint property of the husband and wife. Therefore, by making a will, Ms. Wu left a unique guarantee for her mother, who worked hard to raise her. At the same time, the will avoids the possibility of dividing the property of the stepfather after the death of himself and his mother, while retaining the stepfather's right of residence. Donating to charity is also a great way to give back to the community and maximize the value of your legacy.
Case 3: The elderly man who lost his independence appointed his nephew and niece as the administrator of the estate to protect the estate left to his grandson
Keywords: the elderly, estate administrators, subrogation
Case Description:
Uncle Chen and Aunt Liu, who were in their 60s, died early due to illness, leaving their young grandson to be cared for by their son-in-law. Now that the son-in-law is about to remarry, Uncle Chen and Aunt Liu are worried that the son-in-law will not take good care of his grandson after he remarries. I am worried that after a hundred years, my grandson will not be able to manage the inheritance reasonably at a young age. is even more worried that the son-in-law, as a guardian, will divide the inheritance that should belong to his grandson.
So, Uncle Chen and Aunt Liu came to the China Will Bank, learned about the role of the estate administrator, and then made a will and appointed their nephews and nieces as the estate administrators to help their grandson manage the estate.
Analysis:
In this case, although the grandson can inherit the estate of his maternal grandparents by subrogation in accordance with Article 1128 of the Civil Code, the grandson is still young and does not have the capacity for civil conduct, and the son-in-law, as the guardian of the grandson, has the right to administer the inheritance inherited by the child. As a result, there is uncertainty in the administration of the estate.
Uncle Chen and Aunt Liu made a will in the China Will Bank and appointed an estate administrator, which well avoided the possibility of the son-in-law taking care of the estate and ensured the smooth inheritance of the estate.
Case 4: Alienated from family, the elderly donated their inheritance to the pet hospital
Keywords: legacy giving
Case Description:
Aunt Liu's (pseudonym) three children are all married and have successful careers. When she first came to the China Will Bank to make a will, Aunt Liu left three properties in her name to her three children. But the good times didn't last long, and during Aunt Liu's follow-up illness treatment, the children never came to visit once, and they did not fulfill their obligations to support them in their subsequent lives. Only Aunt Liu's pet accompanies her, which has become her spiritual comfort in her lonely life.
Therefore, Aunt Liu changed her will and donated all the properties in her name to the pet hospital. I hope that the pet hospital can take care of its pets and their descendants after 100 years.
Analysis:
According to Article 1133 of the Civil Code, a natural person may make a will to donate his personal property to an organization or individual other than the state, a collective or a legal heir. So Aunt Liu changed her will and donated her estate to the pet hospital. At the same time, the China Wills Bank advocates that adult children should actively fulfill their obligations to support and support their parents, promote harmonious family customs, and maintain public order and good customs.
Case 5: A veteran comrade with more than 50 years of party experience made a will to donate his legacy to the country to repay the party's kindness
Keywords: legacy donation, excellent family style inheritance
Case Description:
Qin Lao, who has more than 50 years of party experience, has always remembered the kindness of the party and the country all the way. After retiring, Qin Lao insisted on the creation of poems and songs, won many awards, and became a member of the Guangxi Poetry Association. After an illness and hospitalization, he realized the importance of a will.
So Qin Lao found the China Will Bank and made a will, donating 50% of his estate to the state free of charge. His children were also very understanding and supportive of this. Qin Lao said that everything he got was given by the party and the state, and he did his best to give back to the country.
Analysis:
In this case, we also saw that as an outstanding Communist Party member, Qin Lao witnessed his unlimited loyalty to the party and the country in the form of a will, and fulfilled his commitment to repay the society and the country with his legacy. It not only shows the noble character of Qin Lao, but also becomes his most sincere praise for the party and the country.
Case 6: A septuagenarian makes a will to protect his daughter's property
Keywords: Chinese Wills Guarantee Clauses, One-Child Families
Case Description:
Aunt Shen, who is nearly seventy years old, owns a set of real estate left by her father, and recently, Aunt Shen's only daughter is about to get married. Aunt Shen is happy but also worried that after a hundred years for herself and her wife, her daughter will inherit the property, and once the marriage changes, the son-in-law will divide part of the property.
After in-depth communication with the China Will Bank, Aunt Shen chose the protective clause and passed on all her inheritance to her daughter by making a will. Aunt Shen said that the will is the best guarantee they leave to their daughter, and the property is also the last "safe haven" for her daughter.
Analysis:
According to Article 1062 of the Civil Code, the inherited or donated property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife. In other words, after the daughter inherits Aunt Shen's estate, it belongs to her and her husband's joint property. Once the marriage breaks down, the husband will most likely divide a portion of the estate.
However, paragraph 3 of Article 1063 of the Civil Code also stipulates that the property determined to belong to only one party in a will or gift contract belongs to the personal property of one of the spouses. Therefore, Aunt Shen made a will to pass on the estate to her daughter, avoiding the possibility of property being divided after the marriage changes.
Case 7: The old man in twilight made a will to leave protection for his divorced daughter
Keywords: twilight love, remarried family
Case Description:
Mr. Qin, who is nearly seventy years old, divorced at an early age and lives alone with his daughter. Later, the daughter started a family and had children. But now the daughter is also married and raising the children alone. At an event, Mr. Qin met a young Ms. Chen, and the two had a crush on each other and decided to get married.
In order to avoid the risk of inheritance that may arise behind the twilight love, and also to leave a guarantee for the divorced daughter. Before remarrying, Mr. Qin came to the China Will Bank to make a will, and decided to inherit all his estate by his biological daughter.
Analysis:
Article 1127 of the Civil Code stipulates that spouses, children and parents are the first in line of succession. Therefore, the young Ms. Chen, as Mr. Qin's remarried spouse, can inherit Mr. Qin's estate.
In order to prevent possible disputes and disputes in the future inheritance, Mr. Qin made a will before marriage, and distributed all the property in his name to ensure the stable life of his family.
Case 8: The hidden risk behind the inheritance of property by an only child
Keywords: one-child family, China Wills Bank Safeguard Clause
Case Description:
In the process of inheriting the inheritance of her wife, Aunt Li learned that the property inherited by her daughter belonged to the joint property of the husband and wife and had a share of the son-in-law. Considering her daughter's marital risk, Aunt Li came to the China Will Bank and made a will, designating the estate to be inherited by her only daughter alone, avoiding the risk of property outflow.
Analysis:
According to Article 1062 of the Civil Code, the inherited or donated property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife.
In this case, after the death of Aunt Li's wife, his estate was jointly inherited by Aunt Li and her daughter. However, the part inherited by a daughter belongs to her and her husband's joint property, and if the marriage fails, the husband also has the right to divide it.
However, paragraph 3 of Article 1063 of the Civil Code also stipulates that the property determined to belong to only one party in a will or gift contract belongs to the personal property of one of the spouses. Therefore, Aunt Li made a will to pass on the estate to her daughter, avoiding the possibility of property being divided due to marital changes.
In the eyes of many people, it is "natural" for an only child to inherit the inheritance of his parents, but with the continuous improvement of the legal system and the change of family structure, there will be hidden risks when an only child inherits the inheritance of his parents. Only by planning your will well in advance and making a will can you reduce disputes and avoid the outflow of inheritance.
Case 9: Breaking Family Harmony: The Impact of Having a Child Out of Wedlock
Keywords: illegitimacy
Case Description:
Ms. Chen and her husband had a daughter after marriage, the family was happy and wealthy, and by chance, Ms. Chen found that her husband had three children with others while he was abroad, which caused a great impact on Ms. Chen, and the family relationship was also on the verge of collapse.
In order to maintain the integrity of the family's assets and ensure that Ms. Chen's own property can be passed on to her daughter smoothly, Ms. Chen came to the China Will Bank and made a will, clarifying the way of estate distribution and protecting her daughter's inheritance rights from interference. In addition, Ms. Chen also plans to sign a marital agreement with her husband to clarify the ownership and distribution of family assets, so as to bring uncertainties about the future into a controllable range, so as to eliminate trouble.
Analysis:
According to Article 1071 of the Civil Code, children born out of wedlock enjoy the same rights as legitimate children, and no organization or individual may harm or discriminate against them. If there is no will, both illegitimate children and children born in wedlock can inherit the decedent's estate as first-order heirs, and the same heir in line inherits an equal share.
In this case, after discovering that her husband had three children, Ms. Chen made a will in a timely manner and planned to sign a marital agreement, which effectively protected her property inheritance.
Case 10: Simplify inheritance procedures and inherit excellent family style
Keywords: excellent family style inheritance
Case Description:
After the 85-year-old Grandma Jin divorced at the age of 35, she raised her son alone to grow up, and now her son's grandson's family has settled overseas. During this period, Grandma Jin continued to study Xi through further study, took the adult college entrance examination, and became a respected university teacher. Although there is no risk of inheritance disputes, the family relationship is also harmonious. But Grandma Jin still made a will in the China Will Bank, requiring the real estate and bank card in her name to be inherited by her son.
Grandma Jin said that she respects the testamentary business very much and recognizes the work done by the China Wills Bank. She hopes to simplify the inheritance procedures for her children by making a will, and at the same time pass on her spirit of living and learning to old age and the warm and harmonious family style through the will.
Analysis:
Compared with valuable real estate, bank cards and other fixed assets, warm family affection and harmonious family style are priceless. Therefore, the will is not only a sword to resolve disputes within the family, simplify inheritance procedures, and protect the smooth inheritance of property, but also an important carrier to carry family culture and inherit family spirit.
Proofreading Tao Shangong
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