In these cases, it should be noted that children may not inherit their parents' property.

In these cases, children may not inherit their parents' property.

In these cases, children may not inherit their parents' property. In the traditional concept, it is natural for children to inherit their parents' property. But in fact, this is not entirely the case. In these cases, it should be noted that children may not inherit their parents' property. In these cases, it should be noted that children may not inherit their parents' property. 1

Since 221, the new regulations have changed, and it is indeed possible that children will "no longer inherit" their parents' property in the future-the newly revised Civil Code, known as the "encyclopedia of social life", was officially implemented on January 1, 221, in which the new regulations on "inheritance rights" have changed greatly. Under the new regulations, there are two situations in which parents can not leave their property to their children. In other words, children "no longer inherit" their parents' property. Moreover, if parents choose not to leave the property to their children in accordance with laws and regulations, it is useless for children to argue like in the past if they don't agree. Not only families with many children should pay attention, but also only children should pay attention.

Case 1: The new regulations give parents the right to "freely dispose of" the house, and parents can leave the house to any organization or individual other than their children by will-Paragraph 3 of Article 1133 of the new Civil Code stipulates that a natural person may make a will to give personal property to an organization or individual other than the state, the collective or the legal heir.

For example, Lao Zhang has two sons, both of whom are filial and have strong family economic strength. But Lao Zhang is keen on public welfare, and he has always donated his retirement income to Hope Primary School and other public welfare organizations. Lao Zhang planned to donate his real estate and property to non-profit organizations a hundred years later. And he also made a notarized will. Lao Zhang's practice is legally supported, and even if his children come to compete for the inheritance in the future, it is useless.

Case 2: Article 113, Clause 4 of the new Civil Code stipulates that if an heir who has the ability and conditions to support fails to fulfill his maintenance obligations, he shall not divide or divide the inheritance. To put it bluntly, if a child fails to do his duty of support before his parents' death, his parents can completely deprive him of the right to inherit the property and property. Even the only child is no exception. The new regulations clearly stipulate that when children fail to fulfill their maintenance obligations, parents can give them the inheritance regardless.

For example, Xiao Wang is an only child, who has been spoiled since childhood, and the conditions at home are very rich. However, his conduct was poor since he was a child, and it became worse when he grew up, and he often punched his parents. In their thirties and forties, they still achieved nothing. Parents have long given up this son, and their parents have long planned to donate all their property to non-profit organizations after a hundred years. This situation is legally supported, that is to say, even if Xiao Wang is an only child, they can still choose not to leave the property to Xiao Wang in the future because they have broken their parents' hearts. In other words, a hundred years after Xiao Wang's parents, Xiao Wang can no longer inherit his parents' property.

in addition, there is a situation where children have the right to inherit their parents' property, but they have no right to use the house within a certain period of time. That is the situation that parents "established the right of residence" in their house before their death. This kind of situation often happens between the elderly and the nanny, or between the elderly and their relatives and friends who take care of themselves all the year round. In order to repay the debt, the elderly do not want to disappoint their children, but also want to provide housing security for those who take care of themselves for the rest of their lives. The law gives them the right to set up "residence rights" for their own real estate and designated persons. What is the right of residence? To put it simply, the right to use the property set by the property owner to a natural person other than the heir is limited to living and cannot be traded, sublet, mortgaged or used for other purposes.

The above three situations have all happened, and the new regulations clearly support them. This is a big change in the new version of the Civil Code, which is very different from the inheritance we learned before. Under the new regulations, it is really possible for children to "no longer inherit" their parents' property, regardless of whether they have more children or only children.

In addition, there are three other obvious changes in the new regulations implemented this year, which are also worthy of our attention:

First, notarized wills are deleted first, and audio and video recording, printing and oral wills are added.

It should be noted that in the past, there were five ways to make a will: notarization, self-writing, writing on behalf of others, recording and oral writing, among which the notarized will has the highest priority. In other words, if the elderly make the above five wills at the same time, whether the notarized will is finalized or not, it will be executed according to the contents of the notarized will.

However, since 221, the priority of notarized wills has been deleted. In the future, if the elderly make multiple wills, the final will will prevail. Moreover, the new regulations also add three ways: audio and video recording, printing and oral will. It is worth mentioning that in order to prevent the elderly from being coerced, two witnesses are required to be present when various wills are established.

an oral will focuses on the oral will made by the testator in an emergency. Two witnesses are also required to be present, and the emergency is lifted, and the oral will will automatically become invalid.

Second, the "scope" of heirs has been expanded: nephews and nephews can also be subrogation inheritance

The original. Legal heirs refer to the first and second successors in line. But from this year on, nephews, nieces and nieces can also go to subrogation inheritance in the absence of the first and second successors. This is also one of the important changes in the new regulations implemented this year. It should be noted that in the past, there have been many cases in which the old man died without a legal heir and eventually the real estate and property were nationalized. The new regulations obviously take this situation into account, so they expand the "scope" of heirs.

Some people may think that nephews and nephews have not done their utmost to support the elderly. Why do they also have the right to inherit the legacy of the elderly? We believe that this reflects the state's protection of citizens' private property.

Third, women's inheritance status has improved, and men and women have equal inheritance rights.

Wang Chunxia, a writer of the Women's Federation, bluntly pointed out that the new Civil Code is a model for implementing the constitutional principle of equality between men and women. In terms of inheritance relationship, the Civil Code stipulates that husband and wife have equal rights in inheritance and the right to inherit each other's inheritance, and that men and women are equal in the scope of heirs and the order of legal inheritance, and patrilineal relatives are equal. subrogation inheritance is applicable to both patrilineal and matriarchal relatives.

Some time ago, we saw a female netizen on the Internet claiming that she had been treated unfairly by her parents: the old house at home was demolished and she got two properties and 3 million cash. As my brother has emigrated for a long time, the responsibility of taking care of his parents falls on him all the year round. But even so, they didn't get fair treatment from their parents. Without their knowledge, their parents left the two properties and 2.6 million cash to their sons. I didn't end up with any property.

Some people may feel normal about the above-mentioned situation that this woman is experiencing, and even move out of the traditional concept that the assets in the family should have been passed on to men instead of women, not to mention that the daughter has already married and is someone else's daughter-in-law. But no matter how you stand on the commanding heights of traditional thinking, it is of no help, because according to the new regulations, sons and daughters have equal inheritance rights, that is, parents should "have a bowl of water", two houses and 3 million cash, and parents must divide equally if they want to divide. In fact, according to the self-report to netizens, she should have more property than her brother, because she has more responsibility to support her parents than her brother. In these cases, it should be noted that children may not inherit their parents' real estate. 2

In the traditional concept, it is natural for children to inherit their fathers' business and their parents' real estate. But in fact, this is not entirely the case. Even children may face the situation that they cannot inherit their parents' property. In the Civil Code promulgated this year, it is stipulated that in three cases, children cannot inherit their parents' property, so please pay attention to them.

First, children who have gross negligence will lose the right of inheritance

We know that in the process of inheritance, the first heir not only has children, but also spouses and parents. Therefore, if children have gross negligence, they will lose their inheritance rights. Article 125 of the Civil Code stipulates that an heir who commits one of the following five acts shall lose the right of inheritance.

first: intentionally killing the decedent;

second: killing other heirs in order to compete for inheritance;

third: the circumstances of abandoning the decedent or maltreating the decedent are serious;

fourth: forging, tampering, concealing or destroying the will, if the circumstances are serious;

fifth: forcing or obstructing the decedent to establish, change or withdraw his will by means of fraud or coercion, and the circumstances are serious.

if a child has one of the above five behaviors, he will lose the right to inherit. However, there are differences between these five behaviors. Generally, the first and second behaviors will permanently lose the inheritance right of parents' real estate. However, if it is the third to fifth acts, if there is repentance in disguise in the later stage, and the decedent forgives or the decedent lists the children as heirs in his will, then the children can inherit the parents' property after their parents die.

The author thinks that it is very reasonable to add the forgiveness system to the Civil Code for both heirs and decedents. First of all, for the heirs, if it weren't for the first and second major faults, we couldn't beat them to death with a stick, give them no chance, and we couldn't look at people in the same way. We should give them a certain chance. For the decedent, even if their children have made mistakes in the past, they hope to be accompanied by their children when they are old and give them a chance to turn over a new leaf.

Second, children can't inherit the property with the right of residence for the time being

In the Civil Code, Article 366 puts forward the concept of establishing the right of residence. The right of residence means that the right holder of residence has the right to possess and use other people's houses according to the contract, so as to meet the needs of living and living. The establishment of the right of residence can be carried out according to the will or legacy, or according to the contract. In addition, the Civil Code also stipulates that the right of residence shall not be transferred or inherited, and the house where the right of residence is established shall not be rented unless otherwise agreed by the parties.

Therefore, it can be seen that if the house inherited by the children is established by their parents, even if the children have the property right of the house, they can't rent or sell the house, and they can't really have the right to use the house until the residence right expires or the owner dies.

For example, Lao Li lost his wife in his early years, and when he got old, he found an old wife to live with (without a license). After Lao Li's death, although he left the property right of the house to his children, he also established the right of residence for his wife. It is clearly stated in the will that although the property right of the house belongs to the children, the wife has the right to live in the house until her death. At this time, the house was established with the right of residence. Although the children have property rights, they can't rent the house or sell it.

Third: parents have a will, and it is clearly stated in the will that their property will be inherited by people other than their children

We know that there are first-in-line heirs and second-in-line heirs to inherit the decedent's estate in the inheritance law. But this is the succession order of the decedent without leaving a will. If the decedent leaves a will, it should be inherited or bequeathed according to the will. In addition, Article 133 of the Civil Code stipulates that a natural person may make a will to designate his personal property to be inherited by one or more legal heirs, or make a will to give his personal property to organizations or individuals other than the state, the collective or the legal heirs. Therefore, natural persons can leave their property to anyone, even the country, not necessarily their children, according to their own wishes.

Take Lao Li as an example. For example, Lao Li needs children to take care of him when he is old, but his children are not filial and unwilling to take care of him. Usually, Lao Li's life and daily life are taken care of by his wife. In this case, Lao Li made a will before his death, saying that he left his property to his wife after his death. In this case, although Lao Li and his wife didn't get the certificate, and the children are the first heirs, the children can't inherit Lao Li's real estate, but should be distributed according to Lao Li's will, and the real estate is inherited by Lao Li's wife.

from the above analysis, we can see that even the children of the first heir may not inherit their parents' property under the new regulations. So don't be afraid just because you are the children of your parents, and think that you will inherit their parents' property. As children, they should bear the obligation of support when they should, and they should be filial to their parents when they should be filial. Attention should be paid to these situations. Children may not inherit their parents' property. 3

Only children should pay attention. There are two types of property that cannot be transferred.

1. The house to which the decedent has no clear ownership

A news report in November 22 said that after her parents died, Xiaoli, who was an only child, was told that she could not fully inherit the property of 3 million yuan. What happened?

In fact, this is because the parents didn't make a will and didn't transfer the property to their children. Xiaoli's grandmother is also the first heir. After her grandmother died, Xiaoli's uncle and aunt can also inherit. Only children can't inherit the house? Many people say it's ridiculous, so in order to reduce the occurrence of such incidents, remember to make a will and transfer the ownership in advance.

2. Homestead and Husband's House Family Courtyard

Homestead and Husband's House Family Courtyard can't be inherited because individuals only have the right to use such houses, so even only children can't inherit them.

In 221, the Civil Code was promulgated, and the provisions on inheritance changed greatly. In other words, from this year, all parents' houses will be inherited according to the new regulations, and there is no need to fight for houses.

1. The disposal of real estate requires the consent of all * * * and * * *

What does this mean? Let me give you an example. A remarried couple bought a house together after marriage, because the man paid most of the money, so the house only wrote the name of the man. The husband and wife and the woman's daughter live together, and the daughter has fulfilled her obligation to support. But later, the man made a will and stated that he would leave the house he lives in and most of his property to his own son. Is this feasible?

after the implementation of the civil code, the woman has the right to refuse. First of all, it is clear that the house belongs to the husband and wife's property, that is to say, the man has no right to deal with all the property rights of the house, which explains that "the disposal of real estate requires the consent of all * * * and * * *".

In addition, although the woman's daughter is born out of wedlock, she is also the first heir, and her daughter has also provided support, so she has the right to inherit.

2. Expand the range of heirs, and nephews can also inherit

In the past, the legal heirs were the first and second in line, but the new regulations clearly added nephews, nieces, nephews and nieces as subrogation legal heirs. Of course, only in the first place will all the heirs go.