Children "no longer inherit" parents' property? From next year, it will be done according to the new regulations, and it will be useless for children to make trouble.

In the past two or three decades, the most talked about topic in China may be "house". After dinner, men and women have blind dates, friends and relatives get together during the Chinese New Year holiday, and even many middle school students and primary school students begin to discuss whose house is expensive, whose house is big and whose house is more.

People pay so much attention to houses, in the final analysis, because houses play an important role in everyone's life: First, the Chinese nation is an agricultural nation, lacking social security for thousands of years, so it has a special preference for real estate of houses. To put it bluntly, a house is a place to settle down and give people a sense of security. Knowing this, we can probably understand why many mother-in-law "marry women when they see a house"; Second, the house is a symbol of the wealth of most families. Statistics show that 80% of China residents' assets are real estate, and about 400-430 trillion yuan of funds are locked in real estate; Third, in the past two or three decades, the national housing prices have risen more and fallen less, and investing in buying a house is regarded as a "lying and earning" business. The superposition of domestic funds lacks reliable investment channels, and the "wealth-making effect" of houses is unmatched by most industries. More importantly, the house is deeply tied with social resources such as education, household registration, marriage and medical care, so the house has become a "toon" sought after by hundreds of millions of people.

Some people may say that houses have indeed become an important tool for many people to "grab wealth", but we have to admit that with the rapid development of urbanization and real estate in China, the housing prices in most cities in China have exceeded the affordability of most ordinary people. According to RealData, by the end of 20 19, there were 200 million renters in China. In addition, the previous data of China Academy of Social Sciences showed that the ratio of house price to income of 50 important large and medium-sized cities in China was 13: 1, which was much higher than the international critical point of 6: 1. In other words, most ordinary people can't make a down payment or it is extremely difficult to buy a house.

However, another authoritative data tells us an ironclad fact: the latest survey report of the central bank shows that the average total assets of urban residents in China are 3 1.79 million, 96% of families own houses, and the proportion of owning more than two houses is as high as 3 1%. And the average age of China residents buying a house is only 28 years old. Two facts are in front of us: 1, urban residents are not short of housing, and according to the data given by the National Bureau of Statistics, the vacancy rate in many cities is not less than 20%; 2. China is one of the few countries in the world where the average age of buying a house is under 30, which shows that people in China regard buying a house as particularly important.

Seeing this, one conclusion is clear: houses are really important to the vast majority of China people, but our country has long been short of houses. Not only that, in many underdeveloped areas and cities that rely too much on real estate, houses have even been "seriously surplus". In fact, more than one expert once said that in the future, young people need not worry about buying a house at all. After 20 years, two young people may have to inherit and manage more than 5 properties.

Therefore, this has produced an important problem that many people do not pay attention to now but have to face: the future property inheritance problem. Especially when parents have multiple children, the market value of any house may be four or five million. If it is completely inherited, it may not be necessary to work hard for a lifetime. In fact, in recent years, through news reports, we have indeed seen many children go to court for competing for real estate, and what's more, they have cut off their blood relationship and become enemies from now on.

Some people may think that there is nothing to say about inheriting parents' property, and sons must be given priority. If you give him a son and many children, all of them will be divided equally. Moreover, many people still remain silent in the traditional "son preference" thought. Daughters are "spilled water" and have no right to inherit their parents' inheritance.

Today, I want to tell you that in seven days, that is, 202 1, 1, the new civil code will be formally implemented, which has made a brand-new change for children to inherit their parents' property. From next year, children will inherit their parents' property, and all of them will be implemented according to the "new regulations". What needs to be reminded here is that the new regulations subvert the traditional cognition of many people and clearly stipulate that parents can choose their own heirs, that is, children can "no longer inherit" their parents' property. Moreover, if the parents allocate assets in full accordance with the "new regulations", it is useless for the children to disagree, because there is legal support. Children must pay special attention to this.

First of all, the new regulations expand the "scope" of heirs, children or "no longer inherit" parents' property.

According to the traditional thinking of many people and the current regulations, all kinds of property such as cash earned by parents will belong to their sons after a hundred years, even if they did not make a will before their death. However, from next year, all this will undergo subversive changes: if the son did not fulfill his filial piety before his death, or did other acts of disobedience to his parents, his parents could not leave his house and other assets to his son by making a will before his death.

Because the new rules expand the "scope" of heirs. 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. Moreover, the new regulations clearly stipulate that natural persons can make a will to give personal property to organizations and individuals other than the state, the collective or the legal heirs.

Combined with the new regulations, there is a situation that may really happen in the future, that is, parents are not filial when they are alive, especially those children who completely ignore their parents. They may really "no longer inherit" their parents' real estate and other assets, that is, their parents' houses cannot be given to their children. According to the new regulations, parents can do this by making a will before they die. Moreover, if the children later discover this behavior of their parents, it is useless to make a hullabaloo about asking for real estate with the heirs chosen by their parents.

In particular, children have no right to inherit houses whose parents established the right of residence before their death. For example, when parents were alive, they were taken care of by neighbors for many years, so they set up residence rights for neighbors in their own names. At this time, if the children want to inherit the house with the right to live, they must wait until the death of the party concerned, even if the children don't agree.

Second, the right of inheritance is equal between men and women.

The new regulations stipulate that no matter whether the heirs are male or female, they have equal inheritance rights. This is fairer to women's inheritance.

Take a real case we met a few days ago: a female netizen responded that her parents have always taken care of themselves, but recently she found that her parents gave their two houses and only 2 million cash for demolishing old houses to her brother who had emigrated and had no plans to return home. Facing the sudden operation of her parents, her whole spiritual world "collapsed" and she didn't know how to face her parents and brother in the future.

According to the new regulations, if the above-mentioned similar situation occurs again from next year, the daughter can completely recover her assets through legal channels. We also remind netizens who have the idea of "son preference" to pay special attention to this article. In the future, for the sake of family harmony, they should take more care of their daughter's interests and can no longer take it for granted.

Third, the notarized will was deleted first, and audio and video recording, printing and oral will were added.

As we all know, in the current laws and regulations, notarized wills have the highest priority. That is to say, no matter how many forms of wills parents made during their lifetime, the final execution was still in accordance with the notarized will. As we said before, this rule has obvious defects: wills are mostly made by the elderly, and it is inconvenient for the elderly to move in their later years. However, the notarized will can only be changed after the elderly go through the relevant procedures. As a result, many old people have the will to amend their wills, but in the end most of them give up because of inconvenience. To put it bluntly, the priority of notarized wills may lead to the failure of many elderly people's wishes.

However, the new regulations implemented from next year will "delete the priority of notarized wills". Moreover, the new regulations also increase the way of recording and recording wills and printing wills. At the same time, in order to prevent coercion, it is required that there should be more than two witnesses present to witness.

In addition, the new regulations also clearly stipulate that the testator can make an oral will in an emergency. An oral will shall be witnessed by two or more witnesses. For example, in case of acute illness or serious injury, you can make an oral will. For example, Lao Wang had a heart attack. If two witnesses were present when he was taken to the hospital, Lao Wang could make an oral will to arrange the funeral. It should be reminded that if the emergency is lifted, the oral will will automatically become invalid.

Fourth, natural persons can set up testamentary trusts according to law.

Many people may not have heard of testamentary trust, but they have seen it in film and television dramas. For example, in order to prevent the descendants of the family from competing for property, a rich man set up a will trust while he was alive and decided not to publish his will until the legal heir he chose came of age. Especially when the legal heirs are minors or special people, this method is widely used.

Testamentary trust refers to the trust established through legal testamentary behavior, also known as posthumous trust. In addition to the above situation, there are two types of people who want to make a will, but don't know how to plan; People with professional needs in estate management and distribution.

At present, the total price of any house may be two or three million, so for the "big" wealth of the house, it has always been settled in inheritance. Especially in the past, when the laws and regulations were not perfect and many regulations were obviously "defective", many cases of "children fighting for housing" caused great discord. The new rules of the civil code to be implemented next year have made obvious improvements in many aspects of inheriting parents' real estate. Although we can't guarantee that the new regulations will cover all aspects, they do regulate many practical issues that were controversial in the past. Accordingly, the new regulations will also play a vital role in maintaining a harmonious family atmosphere and reducing disputes.

More importantly, the new regulations reflect warm humanity. Houses and cars are things outside the body, and the most precious thing in the world is always the kinship of flesh and blood. Therefore, when we say the new regulations, we obviously want to warn the world how filial parents should be when they are alive.