【Introduction】
The inheritance of parents and children seems to us to be a natural thing, but when handling inheritance, we will find that the procedure is far more complicated than we think, proving that the relationship between our parents is only the most basic step, and sometimes even the only child may not be able to inherit all of the parents' inheritance.
Although there is a certain particularity in these situations, but in life can often be encountered, in order to avoid everyone in the encounter with this situation into confusion, today to talk to you about the 4 kinds of only children can not all inherit the parents' inheritance, by the way to popularize the legal knowledge about inheritance.
【4 Cases in which only children cannot inherit all of their parents' inheritance】
Although the inheritance of parents and children seems to be no problem, parents not only have the obligation to support their children, but also have the obligation to support their parents (grandparents, grandparents), and there is also an obligation to support each other, so the parents' inheritance cannot be simply regarded as the property of their children.
1. The parents have a bequest agreement to give the estate to outsiders
Inheritance is the personal legal property of the parents before death, so the parents have complete right to dispose of the estate, which is why the law stipulates that testamentary succession (testamentary inheritance is divided into testamentary inheritance and testamentary inheritance) precedes legal inheritance, so if the will leaves a bequest agreement to donate the inheritance to someone other than the legal heir, then even the only child can only inherit the unsettled estate in the bequest agreement.
Legal basis: Article 1123 of the Civil Code, after the inheritance begins, it shall be handled in accordance with the statutory inheritance; if there is a will, it shall be handled in accordance with the will or bequest; if there is a bequest maintenance agreement, it shall be handled in accordance with the agreement.
Note: The bequest agreement differs from a will in that the bequest agreement requires the bequeathed person to make an expression of acceptance or renunciation of the bequest within sixty days after becoming aware of the bequest; if there is no expression at the expiration of the bequest, it is deemed to be a waiver of the bequest.
2. The father died before the grandparents or the mother died before the grandparents
Children are not the only first order heirs, in addition to the children of the inherited parents, spouses are also the first order heirs, so if the father before the grandparents passed away or the mother before the grandparents passed away, then the grandparents, grandparents as the first order heirs can also inherit the parents' inheritance, and in our country generally our grandparents generation of people often have more than one child, which will cause the grandparents, grandparents after the death, their inheritance share will not disappear, Instead, it is inherited as an inheritance, which leads to your parents' siblings receiving the right to inherit a part of the inheritance.
Legal basis: Article 1152 of the Civil Code, if, after the inheritance begins, the heir dies before the division of the estate and does not give up the inheritance, the inheritance that the heir should inherit is transferred to his heir, unless otherwise arranged in the will.
3. After the death of one parent, the other spouse remarries
As mentioned earlier, the first order heirs include parents, spouses and children, and if one parent dies and the other party remarries, even if no children are born, your stepfather (mother) can inherit the property of the remarried party as the first order heir.
Note: The definition of remarriage is that the two parties are licensed to marry, and at present, China no longer recognizes a de facto marriage, so if the two parties live together in the name of husband and wife without a license, it is not a marital relationship.
4. The parents have passed away without leaving a will, and the children have been married
During the existence of the conjugal relationship, most of the "income" of the husband and wife belongs to the joint property of the husband and wife, including the inheritance, but there is a premise that the parents died without leaving a will, and the inheritance by their children has nothing to do with their spouses.
Legal basis: Article 1062 of the Civil Code states that the following property acquired by husband and wife during the existence of the marital relationship is the common property of the husband and wife and belongs to the joint ownership of the husband and wife:
(4) Property inherited or donated, except as provided for in Paragraph 3 of Article 1063 of this Law;
Article 1063 The following property shall be the personal property of one of the spouses:
(3) Property identified in a will or gift contract as belonging only to one party;
Pay attention to Dongyou, learn a legal knowledge every day, what if it is useful?
Wen 丨 Dongyou lawyer