The current housing prices are expensive, and the housing prices in Beijing, Shanghai and other places can reach 70,000 or 80,000 yuan per square meter. Therefore, many people see their homes not only as a place to settle down, but also as an investment and financial management.
According to the "Report on the Assets and Liabilities of Urban Households" released by the central bank in 2020, the total assets of urban households exceeded 3 million yuan on average, and housing assets accounted for 59% of the total assets, at 1.878 million yuan.
In the early years, most of the family consisted of three or four children, and many brothers and sisters fought over real estate, and even went to court.
In order to clarify the issue of inheritance of real estate, the newly promulgated Civil Code provides a detailed explanation of inheritance in the inheritance section.
In the future, no matter how much trouble the children make, inheriting the old house of their parents must be implemented in accordance with the new regulations.
1. After the implementation of the Civil Code, the scope of inheritance has been expanded, and these people can also inherit the real estate of the elderly
Some old people have worked hard all their lives, saving money to buy a house, just to have a place to live for the elderly, and Uncle Ma is like this.
He struggled in Shanghai for many years, bought a house worth more than 3 million, and waited for his wife to spend his old age in peace, and took care of his mentally ill son by the way.
It's a pity that his wife and son died early, leaving the lonely Uncle Ma to live alone.
Sometimes he can't stand the loneliness, and often goes to the fruit shop downstairs to join in the fun. Xiao You, the owner of the fruit shop, found that Uncle Ma lived alone and took the initiative to take care of him.
In the past few years, Xiaoyou has taken care of Uncle Ma like his own father, and has never been lazy.
Uncle Ma felt that Xiaoyou could entrust the rest of his life and sign a bequest and maintenance agreement with the other party. Xiaoyou gave Uncle Ma a pension, and Uncle Ma gave him his real estate.
Some people think that Uncle Ma's behavior is not in accordance with the rules, will the law allow the old man to give his house to others casually?
In fact, the Civil Code stipulates that when the elderly are conscious, they can sign a bequest and maintenance agreement with other people.
The legatee provides for the elderly in their old age, and the old man gives his house and other inheritance to the donee as a reward.
Those white-eyed wolves who are bent on monopolizing the property of the elderly and do not want to support the elderly will be punished. No matter how much trouble they make, the old man can leave the inheritance to others and let others take care of themselves.
2. If a will is issued with new regulations, the notarized will loses the priority, and other wills that do not meet the requirements are invalid
Perhaps some "shrewd" people think that if they coax the old man to write a will in advance, both parties will go to the notary office to notarize it together, and obtain the property by relying on the will.
According to the previous inheritance law, a notarized will has priority and must be subject to a notarized will.
However, according to the latest provisions of the Civil Code, a notarized will no longer has priority, but is subject to the time of establishment of the will. Which will be made at the latest, and which will be effective in the end.
After the law is changed, it can put an end to the situation that children are no longer filial to the elderly after getting the will.
With the support of the Civil Code, the elderly can change their wills anytime and anywhere, leaving their property to their best children.
However, when people get old, their bodies will inevitably become old and dizzy, and it is difficult to write a clear will. In order to facilitate the elderly to change their wills, the law adds three new methods: recording wills, printing wills and writing wills.
The old man only needs to dictate, and other people can record the true meaning of the old man through tools.
However, these wills must be signed by the old man and the recorder, and two witnesses must be present, otherwise the entire will will will be invalid.
3. Children who abuse the elderly cannot inherit the inheritance, and may have the opportunity to change their minds or inherit it
The change in the inheritance system is to encourage children to honor the elderly.
The crow still feeds back, but many children forget the nurturing grace of their parents and are bent on squeezing the value of their parents. This group of people hopes that their parents will die soon so that they can inherit the inheritance.
They regard their parents as a burden, and secretly call their parents "old and not ashamed".
Such unfilial children eat and drink spicy food on weekdays, and never treat their mouths badly. The food they gave to their parents was so simple that they didn't even see any oil or water.
What's more, they beat and scold their parents at every turn, treating their elderly parents as a punching bag for life, and don't care about their physical health. For such people, the law resolutely does not allow them to inherit the inheritance.
In accordance with the law, if the abuse of the decedent is serious, the inheritance cannot be inherited. The elderly can choose whether to exclude their children from the scope of inheritance according to their usual attitude and behavior towards them.
If your children still want to inherit the inheritance, they must behave well and improve their image in the eyes of their parents. Perhaps his parents relented for a while and forgave him for what he had done before, and listed him as the object of inheritance.
The law has become a reliance for the elderly, who can handle their inheritance on their own without worrying about having no one to provide for.
At last:
The laws and regulations on inheritance have adapted to the development of the times, and many new testamentary methods have been added, making them more flexible and changeable. In addition, the elderly also have a higher right to distribute the inheritance, and can choose whether to leave the inheritance to their children.
Behind the change in the law is to remind children to be kind to the elderly. If the son wants to raise but does not wait for his parents, he must not forget the kindness of his parents and leave regrets in vain.