What should I do if my parents die and my children immigrate to Australia to inherit?

1. How do parents inherit the inheritance when their daughter dies?

As the first heirs, parents have the legal right to inherit their children's inheritance. If a child has not left a legacy agreement, a will or a legacy support agreement, it shall be inherited in accordance with the legal succession order.

Second, what is the order of family inheritance?

The order of inheritance refers to the order in which the heirs inherit the estate after the decedent dies. Article 1 127 of the Civil Code stipulates that inheritance shall be carried out in the following order:

First order: spouse, children, parents.

The second order: brothers and sisters, grandparents, grandparents. After the inheritance begins, the successor in the first order inherits, but the successor in the second order cannot inherit. If there is no successor in the first order, it is inherited by the successor in the second order. "

Article 1 129 of the Civil Code also stipulates that "a widowed daughter-in-law has done her main duty to support her parents-in-law, and a widowed son-in-law has done her main duty to support her parents-in-law, so she is the first heir." In succession, if the decedent has made a will to designate his personal property to be inherited by more than one legal heir, or explicitly donated his personal property to people other than the state, the collective or the legal heir in the will, it shall be implemented in accordance with the will.

3. What are the circumstances of losing the right of inheritance?

Article 1 125 of the Civil Code stipulates that 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. From the above, we know that parents, as the first heirs, have the legal right to inherit their children's inheritance.

Legal objectivity:

Article 127 of the Civil Code of People's Republic of China (PRC) has the following succession order: (1) The first order: spouse, children and 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. Article 130 of the Civil Code of People's Republic of China (PRC) * * * The share of heirs in the same order shall generally be equal. 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 made major support obligations to the decedent or lived 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.