The daughter died unexpectedly, and the woman's parents asked to inherit the property left by the son-in-law's parents: support?

The daughter died unexpectedly, and the woman's parents asked to inherit the property left by the son-in-law's parents: why did the court rule in favor?

Ms. Liu was born into a patriarchal family, and her parents favored her younger brother from an early age. After graduation, Ms. Liu had a good career and successfully got married and had children, but she died suddenly and unexpectedly. After her husband, Mr. Li, had completed the funeral, he received a complaint from his father-in-law and mother-in-law, demanding that Ms. Liu's estate be divided, including a house that Mr. Li inherited from his parents.

In the end, the court ruled that Ms. Liu's estate included the property inherited by her husband, Mr. Li, from his parents, and that half of the share of the property belonged to Ms. Liu and should be distributed as an inheritance. Mr. Li inherited 28% of the share, and the other three people (Ms. Liu's son and Ms. Liu's parents) each inherited 24% of the share.

Mr. Li, who received the verdict, was full of remorse that he had lost his lover and failed to keep the property left by his parents. Later, Mr. Li chose to make a will to designate the property as the child's personal property, and in the will, he also appointed his most trusted sister as the guardian for the child to protect the child's property and life on his behalf before the child reached adulthood.

Why did the court rule in favor of it?

Weibo's well-known legal blogger @小師動動 analyzes that there is nothing wrong with the court's decision, because the law stipulates that. The inheritance inherited by one of the parties during the marriage is the joint property of the husband and wife unless designated by the decedent to belong to the heir personally.

Therefore, the property of the parents inherited by the son-in-law becomes the joint property of the husband and wife, and each person enjoys half of the share. After the death of the wife, the wife's half was inherited as an inheritance, which was originally 25% for each of the four heirs, but the court considered that Mr. Li had fulfilled more maintenance obligations, so it appropriately gave him more shares. The final judgment was that Mr. Li inherited 28% and the other three heirs inherited 24% each. That's half of the proportion, not the proportion of the whole house.

If you count the whole house, it is actually Mr. Li who inherited 64%, his parents-in-law who inherited 24%, and Mr. Li's son who inherited 12%.

Therefore, if you don't want your estate to be inherited by others in the future, it is best to make a clear will and only belong to your children.

Weibo's well-known legal blogger @女lawyer小白妹 commented that this news may seem "sensational", but it is the epitome of the legal provisions of the Civil Code on joint property and inheritance of husband and wife, and it is also the appearance of the statement that "fertilizer water will flow into outsiders' fields" that I repeatedly emphasize every time I give lectures.

It can be seen that there is a long way to go in the popularization of wealth inheritance education!

According to the provisions of the Civil Code of the People's Republic of China, if the decedent is not specified as being owned by the husband or wife, it shall be the joint property of the husband and wife. Property inherited or gifted by both spouses or one of the spouses during marriage is the joint property of the husband and wife.

This means that assuming that we have only one legal heir, if your parents do not write a will or gift agreement in advance, indicating that their property will be owned by one of the children after 100 years, then their estate will be left to you and your spouse, which belongs to the joint property of your husband and wife, and your spouse certainly has the right to claim division.

This is also the premise why Ms. Liu's parents in this case can claim inheritance, because the estate inherited by Mr. Li from his parents is not explicitly designated as being owned by Mr. Li alone, so it belongs to the joint property of Ms. Liu and Mr. Li, and after Ms. Liu's death, as one of Ms. Liu's legal heirs, Ms. Liu's parents can naturally claim inheritance.

A sigh!

In fact, the painful lesson of this case could have been completely avoided, as long as a little preparation was made in advance, and the designated inheritance of Mr. Li's parents' wealth was planned in advance, or Ms. Liu also had a corresponding wealth inheritance plan (of course, if this case was considered from the perspective of benefiting her parents' family, I guess Ms. Liu would not have made a will in advance to say that all her joint property had nothing to do with her parents), perhaps Mr. Li could avoid the loss of his parents' estate by his father-in-law and mother-in-law......

According to the provisions of the Civil Code, if the decedent clearly states that the inheritance is inherited by only one party, it does not belong to the joint property of the husband and wife. Where it is determined that the will or gift contract belongs to one of the husband or wife, it cannot be divided as joint property in the event of divorce.

This means that as long as Mr. Li's parents have made a will or gift agreement before their deaths, clearly stating that their property after a hundred years belongs to Mr. Li's inheritance alone, "regardless of his spouse" (I don't know how many times I emphasized these six words in the lecture), then Mr. Li's inheritance of his parents' estate will only belong to his personal property, and cannot be divided to Ms. Liu as the joint property of the husband and wife, and naturally cannot be inherited by Ms. Liu's father-in-law and mother-in-law, one of Ms. Liu's legal heirs.

Unfortunately, most traditional parents in mainland China are still at the level of fear of wills or wealth inheritance, and are unwilling to plan for their posthumous affairs in advance. However, our traditional "our parents, our mothers" are obviously a generation with a particularly heavy heart for their children, and it can be said that all the focus of Chinese parents' lives is on their children, so why don't they plan ahead and designate all the wealth they have accumulated all their hard work to leave to their own biological children? This kind of practice of "not asking about the afterlife" is obviously contrary to their children's hearts that "can give everything for their children...... Incomprehensible.

Therefore, if it is really for the sake of the children, in view of the premise that modern marriage is so unstable, please contact professionals in advance for legal and financial property planning for wealth inheritance, and take this as a warning.

First of all, the son-in-law's parents did not leave a will and did not designate their son to inherit their property, so the inheritance inherited by the son belongs to the joint property of the husband and wife, and the daughter-in-law, who is the daughter of the parents-in-law in this case, also has a share.

Because the daughter did not make a will, according to the legal inheritance, her parents, who were the parents-in-law in this case, were indeed the first in line to inherit and divided the inheritance left by her together with her children and spouse.

Weibo's well-known legal blogger @皇城根下刀笔吏 believes that from a legal point of view, it is an ordinary conventional case.

In a nutshell:

The husband's parents passed away first, and the husband and wife inherited the house left by the husband's parents. It should be noted that if there is no will, after the death of one of the parents of the husband and wife, the inheritance of the parents of the other spouse will be inherited jointly by the husband and wife and become the joint property of the husband and wife.

Everyone should keep this legal point in mind.

Then, his wife also suffered a sudden accident and unfortunately passed away.

At this time, the wife's parents, the man's father-in-law, have the right to inherit his wife's estate. And his wife's estate includes the property left by his wife's parents when they died.

The legal logic is not complicated. Although this matter is somewhat bizarre from the perspective of news reporting logic, from a legal point of view, it is a routine operation. If there is no will, if it is done in accordance with the law, it is deduced layer by layer, and there is no problem.

The underlying legal logic of the marriage system is the community property system.

As long as there is no special agreement or special explanation, except for some very special circumstances, the property acquired by one of the spouses during the marriage shall belong to the joint property of the husband and wife. Within the scope of the marital community property system, there are no boundaries and no clear distinction between rights and responsibilities, which is simple joint ownership.

The system of joint property between husband and wife is the invention and cornerstone of the modern marriage system. But to a certain extent, this kind of joint property system, which has no boundaries and no clear division of rights and responsibilities, is also the underlying source of conflicts between many husband and wife.

Weibo well-known legal blogger @京城大状何法师 The actual situation does exist, so don't ignore the act of making a will, don't particularly mind this behavior, feel that making a will is an ominous act, there are taboos, but the follow-up results may indeed exceed your imagination.

Finally, Jiang Chunmei, a divorce lawyer in Beijing, summarized the "10 Legal Common Sense on Inheritance" which is worth learning:

(Reference link: https://www.thepaper.cn/newsDetail_forward_22998267)

For every family, the division of the estate after death has always been a complex and concerning.

With the accumulation of wealth and the complexity of assets, the problem of wealth inheritance is also prominent, and once it is not handled well, it will even lead to family disputes.

Therefore, Mr. Jiang has sorted out the common legal knowledge in inheritance, let's learn it together!

1. What are the ways to make a will?

The Civil Code stipulates that the forms of wills include self-written wills, written wills, recorded wills, oral wills, notarized wills, printed wills and video wills.

Self-written will: written and signed by the testator, indicating the year, month and day.

Scrivener will: Two or more witnesses shall be present to witness, one of them shall write on behalf of the testator, the scrivener and other witnesses shall sign and indicate the year, month and day.

Recorded Will: There should be more than two witnesses present to witness it. The testator and witnesses shall record their name or likeness, as well as the year, month, and day in the audio or video recording.

Oral Will: In case of emergency, an oral will can be made. An oral will should be witnessed by two or more witnesses. After the critical situation is eliminated, if the testator is able to make a will in writing or in the form of an audio or video recording, the oral will made is invalid.

Notarized will: handled by the testator through a notary public.

Print the Will: There should be more than two witnesses present. The testator and witnesses shall sign each page of the will, indicating the year, month and day.

Video Will: There should be more than two witnesses present to witness it. The testator and witnesses shall record their name or likeness, as well as the year, month, and day in the audio or video recording.

2. How to rank the validity of various forms of wills?

The Civil Code abolishes the provision that notarized wills are "most valid" and sets the principle of "the latest first", which means that if there are several conflicting wills, the last will will prevail.

Paragraph 3 of Article 1142 of the Civil Code provides for several wills, and if the contents contradict each other, the final will shall prevail.

3. Under what circumstances is a will invalid?

Judging the validity of a will requires a review of the following:

Elements such as the qualifications of the civil subject, whether the expression of intent of the will is genuine, and whether the form and content of the will are legal. In addition, if the will does not reserve a share for the fetus or a person who is unable to work and lacks a source of livelihood, the corresponding part is also invalid.

Article 1143 of the Civil Code A will made by a person who lacks or has limited capacity for civil conduct is invalid.

The will must express the true intention of the testator, and the will made by fraud or coercion is invalid.

A forged will is invalid.

If the will is tampered with, the tampered content is invalid.

4. Is the share of legal inheritance necessarily equal?

Unconsistent.

(1) The share of inheritance inherited by the same heir in line shall generally be equal;

(2) Consideration should be given to heirs who lack the ability to work who have special difficulties in life when distributing the inheritance;

(3) The heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may divide the inheritance in multiple;

(4) For heirs who have the ability and conditions to support them, if they do not fulfill their obligation to support, they shall divide the inheritance without or less. Where the heirs agree through consultation, they may also not be divided;

(5) An appropriate inheritance may be distributed to a person other than the heir who is dependent on the deceased who lacks the ability to work and has no source of livelihood, or who does not support the deceased a lot other than the heir.

5. What is the difference between testamentary succession and bequest?

Testamentary succession and bequest are both unilateral legal acts of the decedent, who dispose of their property in the form of a will, but they have the following differences:

The scope of the body is different.

A testamentary heir is a person who is within the scope of legal heirs, limited to natural persons, but not limited by the order of succession. The legatee may be any person outside the scope of legal heirs, including the State, collectives and other organizations in addition to natural persons.

The legal consequences of not making an expression of intent are different.

If the testamentary heir does not expressly renounce the inheritance after the commencement of the inheritance but before the division of the estate, it shall be deemed to have accepted the inheritance; The legatee shall be deemed to have renounced the bequest if he fails to expressly accept the bequest within 60 days after he becomes aware of the bequest. That is, the acceptance of inheritance does not require an express expression of intent, and the acceptance of a bequest can only be achieved through an express expression of intent.

6. Under what circumstances will the right of inheritance be lost?

Article 1125 of the Civil Code provides for several types of acts in which heirs lose their inheritance rights. Specifically, it includes the following situations:

1. Intentionally killing the decedent. If the heir intentionally kills the decedent, whether it is a completed or attempted killing, the loss of inheritance rights shall be confirmed.

2. Killing other heirs in order to compete for the inheritance.

3. Abandonment of the decedent, or abuse of the decedent, serious circumstances. Whether the heir meets the criteria of "serious circumstances of abuse of the decedent" may be determined from aspects such as the time, means, consequences, and social impact of the abuse. If the abuse of the decedent is serious, the loss of inheritance rights may be confirmed regardless of whether criminal responsibility is pursued or not.

4. Forgery, tampering, concealment or destruction of wills, the circumstances are serious. Where heirs forge, tamper with, conceal, or destroy wills, infringing upon the interests of heirs who lack the ability to work and have no source of livelihood, and cause hardship in their lives, it shall be found to be "serious circumstances".

5. Forcing or hindering the decedent from establishing, altering or revoking the will by fraud or coercion, and the circumstances are serious. If the heir commits any of the acts listed in Paragraph 1 or 2 above, and the decedent designates the estate to be inherited by the heir by will, the will may be confirmed to be invalid and the heir has lost the right to inherit. If the heir has committed the acts mentioned above in items 3 to 5 and has truly shown repentance, and the decedent expresses forgiveness or later lists him as the heir in the will, the heir does not lose the right to inherit.

7. Who cannot be a witness to a will?

The following three categories of people are not allowed:

1) Persons with no capacity for civil conduct, persons with limited capacity for civil conduct, and other persons who do not have the capacity to witness;

2) heirs and legatees;

3) Persons who have an interest in the heirs and legatees.

8. Can an only child inherit the entire estate?

Unconsistent.

The first order of legal succession is spouse, children, and parents, and the second order is siblings, grandparents, and maternal grandparents. The share of inheritance inherited by heirs in the same order should generally be equal.

Therefore, when both parents are dead and the grandparents are still alive, the only child will divide the inheritance equally with the grandfather and grandmother; If a grandparent later dies, the inheritance is inherited by the child, and the only child no longer has legal inheritance rights.

9. After the death of a parent, can a grandchild inherit his or her grandparents' estate by subrogation?

OK.

The Civil Code expands the scope of subrogation, that is, if the decedent's siblings die before the decedent, the children of the decedent's siblings can be subrogated. However, this article only refers to the fact that the decedent does not have a first heir, and the siblings of the decedent have died before the decedent, and the children of the decedent's siblings (i.e., nephews, nephews, etc.) can inherit the corresponding part by subrogation.

Article 1128 of the Civil Code provides that if the children of the decedent die before the decedent, the blood relatives of the decedent's children shall inherit by subrogation.

If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.

Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.

10. Does the "former daughter-in-law" have the right to inherit?

In principle, "daughters-in-law" and "sons-in-law" are not eligible as legal heirs as in-laws. However, according to Article 1129 of the Civil Code, if a widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law and a widowed son-in-law to her parents-in-law, she shall be the heir in the first order. It can be seen from this that the "daughter-in-law" or "son-in-law" has two conditions for the inheritance right to her in-laws or parents-in-law:

First, it must be a "widowed" daughter-in-law or son-in-law. If the spouse is still alive, the daughter-in-law or son-in-law cannot inherit the estate as the first in line of succession.

Second, it must be "the fulfillment of the main maintenance obligation". Where the decedent's primary source of livelihood is provided, or where the decedent's primary source of livelihood is provided, or where the decedent is given major support in areas such as labor services, it shall be found that they have fulfilled their primary obligation to support.

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