Does the daughter who immigrated to Australia still have the right to inherit?

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

In these cases, it should be noted that children are not allowed to inherit their parents' property. In the traditional concept, it is natural for children to inherit their father's business and their parents' real estate. But in fact, this is not entirely the case. In these cases, it should be noted that children should not inherit their parents' property.

In these cases, it should be noted that since 1 202 1, children are not allowed to inherit their parents' property, and the new rules have changed. It is indeed possible that children will "no longer inherit" their parents' property in the future-2021/newly revised, known as the "encyclopedia of social life". Under the new regulations, there are two situations in which parents cannot leave their property to their children. In other words, children "no longer inherit" their parents' property. Moreover, if parents choose not to leave their property to their children according to laws and regulations, it is useless to argue as in the past if their children disagree. Attention should be paid not only to families with many children, but also to only children.

Case 1: The new regulations give parents the right to "dispose of their property freely", and parents can leave their houses to any organization or individual other than their children by will-the third paragraph of Article 1 133 of the new Civil Code stipulates that natural persons can make a will to give their personal property to organizations or individuals other than the state, the collective or the legal heirs.

For example, Lao Zhang has two sons, both of whom are filial and have strong family economic strength. However, Lao Zhang is keen on public welfare undertakings. He has been donating his retirement income to public welfare organizations such as Hope Primary School. Lao Zhang intends to donate his real estate and property to non-profit organizations in a hundred years. He also made a notarized will. Lao Zhang's practice is supported by law, even if his children come to fight for the inheritance in the future, it is useless.

Case 2: Paragraph 4 of Article 1 130 of the new Civil Code stipulates that an heir who has the ability and conditions to support cannot divide or divide the estate if he fails to perform his maintenance obligations. To put it bluntly, if a child fails to fulfill his maintenance obligations before his parents die, his parents can completely deprive him of the right to inherit property and property. Even the only child is no exception. The new regulations clearly stipulate that parents can leave their children behind and give them their inheritance when they fail to fulfill their maintenance obligations.

For example, Xiao Wang is an only child, pampered since childhood, and his family conditions are very rich. However, his conduct was not good since childhood, and it became worse when he grew up. He often punched and kicked his parents. In their thirties and forties, they still accomplish nothing. Parents have long given up this son, and 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 their property to Xiao Wang in the future because they hurt their parents' hearts. In other words, one hundred years after Wang's parents died, Wang Can Jr. no longer inherited his parents' property.

In addition, there is another case where children have the right to inherit their parents' property, but they have no right to use the house for a certain period of time. That is the situation that parents "established the right of residence" in their own house before their death. This 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 pay off debts, the elderly don't want to disappoint their children, but also want to provide housing security for those who take care of themselves. The law gives them the right to establish "residence rights" for their real estate and designated people. What is the right of residence? To put it simply, the right to use the property set by the property owner to natural persons other than the heirs is limited to residence and may not be bought, sold, sublet, mortgaged or used for other purposes.

All three situations have happened, and the new regulations clearly support them. This is a major change in the new 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, whether they are multiple children or only children.

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

First, notarized wills were deleted first, and audio, video, print and oral wills were added.

It should be noted that there were five ways to make a will in the past: notarization, self-writing, generation of books, recording and dictation. Among them, notarized wills have the highest priority. In other words, if the old man has made the above five wills at the same time, whether the notarized will is finally established or not, it will be executed according to the contents of the notarized will.

However, since 202 1, the priority of notarized will has been deleted. In the future, the old man will make multiple wills, and the final will shall 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 intimidated, two witnesses are required to be present when making various wills.

Oral will focuses on the oral will made by the testator in an emergency. Two more witnesses are needed, the state of emergency is lifted, and the oral will automatically become invalid.

Second, the scope of heirs has been expanded: nephews and nephews can also go to subrogation inheritance.

The original legal heirs refer to the first and second successors in line. But starting this year, nephews, nieces and nieces can also go to subrogation inheritance in the absence of the first and second heirs. This is also one of the important changes in the new regulations implemented this year. It should be noted that in the past, there were many cases in which old people died without a legal heir and their real estate and property were eventually 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 best 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 enjoy 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, the Civil Code stipulates that husband and wife have equal rights to inherit and inherit from each other, that men and women are equal in the scope and legal order of inheritance, and that paternal relatives are equal. Subrogation inheritance is applicable to paternal and maternal relatives.

Some time ago, we saw that some female netizens reported on the Internet that they had been treated unfairly by their parents: the old house at home was demolished and 2 properties and 3 million cash were obtained. Because my brother emigrated for a long time, the responsibility of taking care of his parents fell on him all the year round. But even so, they have not been treated fairly by their parents. Without their knowledge, the parents left the two properties and 2.6 million cash to their son. I ended up without any property.

Some people may feel normal about what the woman is going through, and even move out of the traditional concept that the assets in the family should be passed on to men rather than women, not to mention that the daughter is married and is someone else's daughter-in-law. But no matter how you stand on the commanding heights of traditional thinking, it is useless, 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 share it equally. In fact, according to the netizen's self-report, she should have more property than her brother, because she is more responsible for supporting her parents than her brother.

In these cases, it should be noted that children should not inherit their parents' property. In the traditional concept, it is natural for children to inherit their father's career and their parents' property. But in fact, this is not entirely the case. Even children may face the situation that they cannot inherit their parents' property. The civil code promulgated this year stipulates that children cannot inherit their parents' property under three circumstances. Please pay attention.

First: children with gross negligence will lose their inheritance rights.

We know that in the process of inheritance, the first heir has not only 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 deceased;

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

Third, the circumstances of abandoning the decedent or abusing 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.

Children who have one of the above five behaviors will lose their inheritance rights. 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, and there is repentance in disguise in the later stage, the decedent forgives or the decedent lists the children as heirs in his will, then the children can inherit the property of their parents after their parents die.

The author thinks that it is very reasonable to add forgiveness system in the civil code, whether for heirs or decedents. First of all, for the heirs, if it is not the first and second biggest fault, we can't kill them with a stick, give them no chance, and look at people with the same eyes. We should give them a chance. For the decedent, even if his children have made mistakes in the past, they hope to be accompanied by their children when they get old and give them a chance to turn over a new leaf.

Second: the property with the right of residence has been established, and children cannot inherit it for the time being.

In the civil code, article 366 puts forward the concept of establishing the right of residence. The right of residence refers to the right of the right holder to occupy 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 with the right of residence shall not be rented unless otherwise agreed by the parties.

It can be seen that if the house inherited by children is set up by parents, even if the children have the property rights of the house, they cannot rent or sell the house, and the children can really have the right to use the house until the right to live expires or the person who owns the right to live dies.

For example, Lao Li lost his wife in his early years and found a wife to live with when he was old (undocumented). After Lao Li died, although he left the property right of the house to his children, he also set up 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 right of residence was established in the house. Although children have property rights, they can't rent or sell their houses.

Third: parents have wills, which clearly state that their property will be inherited by people other than their children.

As we know, in the inheritance law, there are a first heir and a second heir who inherit the decedent's estate. But this is the inheritance order of the decedent without leaving a will. If the decedent has a will, he shall inherit or bequeath it according to the will. In addition, Article 1033 of the Civil Code stipulates that a natural person may make a will to designate his personal property to be inherited by more than one legal heir, or make a will to give his personal property to organizations and 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. At ordinary times, Lao Li's daily life is taken care of by his wife. In this case, Lao Li made a will before his death, saying that he would leave his property to his wife after his death. In this case, although the Lao Li couple didn't get the certificate and their children were the first heirs, the children could not inherit Lao Li's property, so they should be distributed according to Lao Li's will, and the property was inherited by Lao Li's wife.

From the above analysis, it can be seen that even the children of the first heir may not inherit their parents' property under the new regulations. So don't be afraid because you are the child of your parents, thinking that you will inherit their parents' property. As children, they should bear the obligation of support when they should bear it, and they should be filial to their parents when they should be filial.

In these cases, it should be noted that children are not allowed to inherit their parents' property. 3 Only children should pay attention to the fact that there are two types of properties that cannot be transferred.

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

According to a news report in June, 2020, 5438+065438+ 10, Xiaoli, the 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 did not make a will and did not transfer the property to their children. Xiaoli's grandmother is also the first heir. After grandma's death, Xiaoli's uncle and aunt can also inherit. Only children can't inherit the house? Many people say it is 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 family courtyard

The reason why homestead and husband's house can't be inherited is because individuals only have the right to use and no property rights, so even the only child can't inherit.

In 202 1 year, the civil code was promulgated, and the provisions on inheritance have changed greatly. In other words, starting from this year, all parents' houses will be inherited according to the new regulations, and there is no need to compete for houses.

1, the disposal of the property 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 man's name. Husband and wife live together with the woman's daughter, and the daughter has done her duty to support her. But later, the man made a will, saying that he would leave his house and most of his property to his 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 property of husband and wife, 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 been raised, so she has the right to inherit.

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

In the past, the legal heirs were in the first and second order, but the new regulations clearly added nephews, nieces, nephews and nieces as the legal heirs of subrogation. Of course, nephews can inherit only after all the first heirs die.

According to the new regulations, parents can choose their heirs by making wills for their children who are not filial and do not support their parents. Even if the child is noisy, it is useless, so the child may no longer inherit the property of his parents.

3. Add two ways to make a will.

The new regulations add two ways of recording wills and printing wills, requiring more than two witnesses to be present to prevent the elderly from being intimidated.

In addition, an oral will can be made in critical situations such as illness or serious injury of the elderly. It should be reminded that two witnesses are needed. If you are out of danger, the oral will will be invalid.

4. Cancel the priority of notarized wills.

In the past, notarized wills had priority, that is to say, no matter how many wills parents made before their death, they were finally executed by notarized wills. In fact, this method also has disadvantages. It is very difficult for the old people with inconvenient legs and feet to modify their wills, and some old people simply give up even if they want to modify them.

The new inheritance regulations show that the priority of notarized wills will be abolished and the latest effective wills will be finally executed.