Article 1129
Where a widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law, or a widowed son-in-law to her parents-in-law, she is to be the first-order heir.
1. The main purpose of this article
This article is about the inheritance rights of a widowed daughter-in-law or widowed son-in-law who has fulfilled the main obligation of support.
II. Evolution of the Provisions
This article follows the provisions of article 12 of the original Inheritance Law. The occurrence of legal inheritance is mainly premised on the existence of blood or marriage relationship between the heir and the decedent. The daughter-in-law and her in-laws, son-in-law and parents-in-law are in-laws based on marriage, and there is no right or obligation to support or support them, nor can they have the right of legal inheritance. However, in the real society, some daughters-in-law and sons-in-law continue to support their in-laws or parents-in-law after being widowed, so article 12 of the original Inheritance Law stipulates that a widowed daughter-in-law who has fulfilled the main maintenance obligation to her father-in-law or mother-in-law or a widowed son-in-law who has fulfilled the main maintenance obligation to her father-in-law or mother-in-law is the first-order legal heir and can receive the inheritance. The inheritance section of the Civil Code continues to follow the provisions of the original Inheritance Law, and includes widowed daughters-in-law and widowed sons-in-law who have fulfilled their main maintenance obligations into the scope of legal heirs, which not only conforms to the principle of consistency of rights and obligations, but also conforms to the core values of socialism in the mainland, and is conducive to promoting good family style, promoting harmony within the family, and allowing the elderly to have something to support them.
3. Interpretation of Provisions
This article is about the widowed daughter-in-law and widowed son-in-law as the first order of heirs.
Where a widowed daughter-in-law has fulfilled the primary obligation of support to her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, it is the main purpose of this article to be the first-order heir.
There is no precedent for this provision. It is rare for in-laws (spouses of blood relatives and blood relatives of spouses) to be legal heirs in the inheritance legislation of various countries. In the process of codifying the Civil Code, scholars almost all suggested that this provision should be reformed, arguing that it would be more appropriate in theory to treat a widowed daughter-in-law or widowed son-in-law who has fulfilled the main obligation of support to her in-laws or parents-in-law as a person who can receive a share of the inheritance, but the legislature did not adopt this suggestion.
A widowed daughter-in-law or son-in-law, as the first-order heir, inherits the estate of her in-laws or parents-in-law, and shall meet the following conditions: (1) There must be a widowhood. Only in the event of a widow can a daughter-in-law or son-in-law inherit the estate of her in-laws or parents-in-law in her own name as an heir. As for whether the widowed daughter-in-law or son-in-law remarried, it is not asked. (2) The widowed daughter-in-law or son-in-law must have fulfilled the main obligation of support to the in-laws or parents-in-law, that is, provided the main source of income for the life of the deceased, or gave the main support in terms of labor services.
As long as the daughter-in-law or son-in-law meets these two conditions, she can participate in the inheritance as the first-order heir and obtain the inheritance.
4. Cases
Wang Mourong et al. v. Liu Moumou, an inheritance dispute case
Facts: Wang Mousheng and Lai Mouxiu raised five children before their deaths: sons Wang Mouxing, Wang Mouhou, Wang Moujin, and daughters Wang Moufeng and Wang Mouxiang. After his son Wang Moujin died in a mining accident, the mine paid a one-time compensation of 200,000 yuan for death. Wang Moujin was unmarried and had no children before his death, and his father Wang Mousheng died before Wang Moujin. Wang Moujin's mother, Lai Mouxiu, inherited Wang Moujin's death compensation as the only heir in the first order. Subsequently, Lai Mouxiu died. Son Wang Mouhou and daughter-in-law Liu gave birth to three children: the eldest daughter Wang Mouli, the second daughter Wang Mouhua, and the third son Wang. Son Wang Mouxing and daughter-in-law Gong gave birth to four children: Wang Mourong, Wang Moufeng, Wang Moujian, and Wang Mouyan. Wang Mouhou and Wang Mouxing both died before Lai Mouxiu. Daughter Wang Moufeng said that she would give up her inheritance rights. Lai Mouxiu had been living with Wang Mouhou and Liu Mouhou before his death, and his daughter-in-law Liu Mouxiu fulfilled her main maintenance obligation to Lai Mouxiu. Wang Mourong, Wang Moufeng, Wang Moujian, and Wang Mouyan sued the court, demanding that Liu pay them the corresponding inheritance. The court held that Wang Mouhou and Wang Mouxing both died before Lai Mouxiu, and their children inherited their share of the estate by subrogation. The widowed daughter-in-law Liu fulfilled the main maintenance obligation to Lai Mouxiu, and was the first-order heir in accordance with the law, and had the right to inherit her share of the inheritance.
5. Analysis:
After the death of the decedent Lai Mouxiu, because he had no will, he should be inherited according to law, and all his children are the legal heirs. His sons Wang Mouhou and Wang Mouxing died before Lai Mouxiu, and according to the "Inheritance Law" in effect at the time of the case, the direct blood relatives of Wang Mouhou and Wang Mouxing can inherit their share of the estate by subrogation, that is, they share the inheritance within the share of the inheritance inherited by their father. Liu and the decedent Lai Mouxiu belong to the relationship between the widowed daughter-in-law and the in-laws, and in the years of common life, Liu has taken care of the life and medical treatment of the decedent Lai Mouxiu, and is also the main source of income for his life, and has also given major support in labor services and other aspects, and it should be determined that he has fulfilled the main maintenance obligation, and belongs to the widowed daughter-in-law who has fulfilled the main maintenance obligation to her in-laws as stipulated in the Inheritance Law, and should be included in the scope of first-order heirs in accordance with the law. Therefore, the court ruled that Liu had the right to participate in the inheritance because he had fulfilled the main maintenance obligation to the deceased Lai Mouxiu.