The Civil Code came into effect on 202 1, 1, and the inheritance law and its related interpretations have become invalid.
civil law
Part VI Inheritance
Chapter I General Provisions
Article 119 Scope of Adjustment of Inheritance This chapter adjusts civil relations arising from inheritance.
Article 120 The right of inheritance is protected by the state, which protects the right of inheritance of natural persons.
Article 121 Presumption of the starting time of inheritance and the order of death begins when the decedent dies.
If several people related by blood died in the same event, and the time of death is difficult to determine, it is presumed that the person without other heirs died first. There are other heirs. If there are different generations, the elders are presumed to die first. The presumption of the same generation died at the same time, and there was no inheritance.
Article 122 Inheritance is defined as the personal legal property left by a natural person when he dies.
An inheritance that cannot be inherited according to the law or the nature of the inheritance shall not be inherited.
Article 123 Effectiveness of statutory succession, testamentary succession, bequest and bequest support agreement After the succession begins, it shall be handled in accordance with statutory succession; If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement.
Article 124 If the successor renounces the inheritance after the inheritance begins, he shall make a written statement renouncing the inheritance before the disposal of the estate; If there is no indication, it is regarded as accepting inheritance.
The legatee shall, within 60 days after knowing the legacy, make an indication of accepting or giving up the legacy; If it is not due, it will be deemed as abandoning the inheritance.
Article 125 An heir who commits one of the following acts shall lose the right of inheritance:
(1) Intentionally killing the decedent;
(2) Killing other heirs in order to compete for the right of inheritance;
(3) Abandoning the decedent or maltreating the decedent if the circumstances are serious;
(4) Forging, tampering, concealing or destroying a will, if the circumstances are serious;
(5) forcing or obstructing the decedent to establish, change or withdraw his will by means of fraud or coercion, and the circumstances are serious.
If the heir has committed the acts mentioned in Items 3 to 5 of the preceding paragraph, and indeed shows repentance, and the decedent later expresses forgiveness or is listed as an heir in his will, the heir shall not lose his inheritance right.
If the legatee commits the act specified in the first paragraph of this article, he shall lose the right to be bequeathed.
Chapter two? Inheritance of law enforcement
Article 126 Men and women enjoy equal rights of inheritance.
Article 127 The scope and order of inheritance of the legal heirs shall be inherited in the following order:
(1) First order: spouse, children, parents;
(2) The second order: brothers and sisters, grandparents and grandparents.
After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order.
The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship.
Brothers and sisters referred to in this part include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.
Article 128 If the decedent's subrogation inheritance children died before the decedent, the subrogation inheritance people are the direct descendants of the decedent's children.
If the decedent's brother or sister died before the decedent, the children of the decedent's brother or sister in subrogation inheritance.
Generally speaking, subrogation inheritance people can only inherit the share of the inheritance that subrogation inheritance people are entitled to inherit.
Article 129 Inheritance Right of Widowed Daughter-in-law and Widowed Son-in-law If a widowed daughter-in-law has fulfilled her main obligation to support her in-laws, she shall be regarded as the first heir.
Article 130 The principle of inheritance distribution: Under normal circumstances, heirs in the same order shall inherit the same share of the inheritance.
Heirs who have special difficulties in life and lack the ability to work should be taken care of when distributing their inheritance.
Heirs who have the main obligation to support the decedent or live together with the decedent can get more points in the distribution of the estate.
If an heir who has the ability and conditions to support fails to perform the obligation of support, he shall not divide or divide the estate.
If the heirs agree through consultation, they may also be unequal.
Article 131 The right of full inheritance may be granted to the dependents other than the heirs, or to those who have more dependents than the heirs.
Article 132 Heirs shall handle the issue of inheritance through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity. The time, method and share of inheritance division shall be determined by the heirs through consultation; If negotiation fails, the people's mediation committee may mediate or bring a lawsuit to the people's court.
Chapter three? Testamentary succession and bequest
Article 133 A natural person who disposes of personal property by will may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint an executor.
A natural person may make a will to designate personal property to be inherited by one or more legal heirs.
A natural person may make a will to donate personal property to an organization or individual other than the state, the collective or the legal heir.
A natural person may establish a testamentary trust according to law.
Article 134 A self-made will shall be written and signed by the testator, indicating the year, month and day.
Article 135 A will written by proxy shall be witnessed by two or more witnesses, one of whom shall write by proxy, and shall be signed by the testator, testator and other witnesses, indicating the year, month and day.
Article 136 When a will is printed, two or more witnesses shall be present. The testator and the witness shall sign on each page of the will and indicate the year, month and day.
Article 137 An audio-visual will shall be witnessed by two or more witnesses. The testator and the witness shall record their names or portraits, as well as the year, month and day by audio and video recording.
Article 138 A testator of an oral will may make an oral will in an emergency. An oral will shall be witnessed by two or more witnesses. After the emergency is eliminated, if the testator can make a will in writing or in the form of audio and video recording, the oral will made is invalid.
Article 139 A notarized will shall be handled by the testator through a notarization institution.
Article 1 140 stipulates that the following persons cannot make a will:
(1) Persons without civil capacity, persons with limited civil capacity and other persons without witness capacity;
(2) Heirs and legatees;
(3) People who have an interest in the heirs and legatees.
Article 141 An heir who lacks the ability to work and has no source of income shall keep the necessary will.
Article 142 A testator may withdraw or change his will in order.
After making a will, if the testator carries out a civil legal act that is contrary to the contents of the will, it shall be regarded as withdrawing the relevant contents of the will.
There are several wills. In case of conflict, the last will shall prevail.
Article 1 143 A will made by a person without or with limited capacity for civil conduct is invalid.
A will must express the true meaning of the testator, and a will made by fraud or coercion is invalid.
Forged wills are invalid.
If the will is tampered with, the tampered contents are invalid.
Article 144 If the inheritance or bequest of a will with obligations is accompanied by obligations, the successor or legatee shall perform the obligations. If the person subjected to execution fails to perform his obligations without justifiable reasons, the people's court may, at the request of interested parties or relevant organizations, revoke his right to inherit part of the estate.
Chapter IV Disposal of Legacy
Article 145 After the selection and inheritance of the estate manager begins, the executor shall be the estate manager; If there is no executor, the successor shall elect the administrator of the estate in time; If no heir is elected, the heirs shall jointly serve as the administrator of the estate; If there are no heirs or all heirs give up inheritance, the civil affairs department or villagers' committee at the decedent's domicile shall be the administrator of the estate.
Article 146 If there is a dispute over the appointment of an estate manager, the interested party may apply to the people's court for the appointment of an estate manager.
Article 147 An estate administrator shall perform the following duties:
(1) Cleaning up the heritage and making a list of the heritage;
(2) Declaring the inheritance to the heirs;
(3) Take necessary measures to prevent the damage and loss of the heritage;
(4) Handling the creditor's rights and debts of the decedent;
(five) according to the will or in accordance with the law;
(six) the implementation of other necessary acts related to real estate management.
Article 148 If an estate manager fails to perform his duties, he shall perform his duties according to law, and shall bear civil liability if he causes damage to the heirs, legatees and creditors due to intentional or gross negligence.
Article 149 An estate administrator may receive remuneration according to law or in accordance with the agreement.
Article 150 Notification after the commencement of inheritance. After the beginning of inheritance, the heir who knows the death of the decedent shall promptly notify other heirs and the executor. If the heir does not know the decedent's death or knows the decedent's death and can't notify him, the residents' committee or villagers' committee of the unit where the decedent worked before his death shall be responsible for notifying him.
Article 151 The legator shall properly keep the legacy, and no organization or individual may occupy or rob it.
Article 152 After the beginning of inheritance, if the heir dies before the division of the inheritance, and fails to give up the inheritance, the inheritance that should be inherited shall be transferred to the heir, unless it is otherwise agreed in the will.
Article 153 When an estate is divided, unless otherwise agreed by the parties, half of the joint property of husband and wife belongs to the spouse, and the rest belongs to the decedent.
If the inheritance is in the common property of the family, when the inheritance is divided, the property of others should be divided first.
Article 154 Where the scope of application of statutory succession is under any of the following circumstances, the relevant part of the estate shall be handled in accordance with statutory succession:
(1) The testator abandons the inheritance or the legatee abandons the legacy;
(2) The testator loses the right of inheritance or the legatee loses the right of bequest;
(3) The heir or legatee of the testator dies or terminates before the testator;
(4) the legacy involved in the invalid part of the will;
(5) Untreated inheritance in the will.
Article 155 If the fetus keeps the share of the inheritance, it shall keep the share of the fetus. If the fetus dies during childbirth, the reserved share shall be handled in accordance with legal inheritance.
Article 156 Principles and Methods of Heritage Division The division of heritage shall be conducive to the needs of production and life and shall not damage the utility of heritage.
An estate that is not suitable for division may be disposed of by way of discount, appropriate compensation or joint ownership.
Article 157 The right to dispose of inherited property upon remarriage. A spouse who remarries after the death of the other spouse has the right to dispose of the inherited property, and no organization or individual may interfere.
Article 158 A natural person may sign a legacy support agreement with an organization or individual other than the heir. According to the agreement, the organization or individual has the obligation to support the natural person and the right to be bequeathed.
Article 159 When the estate is divided, the taxes and debts payable by the decedent according to law shall be paid off; But the necessary inheritance should be left to the heirs who lack the ability to work and have no source of income.
Article 160 Ownership of Legacy Without Inheritance The legacy without inheritance or bequest belongs to the state and is used for public welfare undertakings; If the deceased was a member of a collective ownership organization before his death, it belongs to the collective ownership organization to which he belongs.
Article 161 Principle of Paying off the decedent's taxes and debts The successor shall pay off the taxes and debts that the decedent should pay according to law within the actual value of the inheritance. The part exceeding the actual value of the estate shall be voluntarily repaid by the heir.
If the heir renounces inheritance, he may not be liable for paying off the taxes and debts that the decedent should pay according to law.
Article 162 The principle that the payment of taxes and debts of the decedent takes precedence over the execution of bequests shall not prevent the payment of taxes and debts that the legatee should pay according to law.
Article 163 If there are both statutory and testamentary inheritances, and taxes and debts are paid at the time of bequest, the legal successor shall pay off the taxes and debts that the decedent should pay according to law; The part exceeding the actual value of the statutory estate shall be paid off by the testator and legatee in proportion to the income.
The above is the first chapter of the inheritance of the Civil Code, and more clauses can be found on the website.