Chinese people * * * And the Law of Succession of China

Country: CHN

Approval time:

Implementation time: October 1, 1985

Release time: April 1, 1985

Expiration date:

Formulation unit:

Release unit: National People's Congress

Information. Law of Succession of the People's Republic of China [China]

Foreign name:

Contents: Chinese People * * * and the Law of Succession of the People's Republic of China

(adopted at the third session of the Sixth National People's Congress on April 1, 1985)

(Chinese People * * on April 1, 1985) Promulgated by Decree No.24 of the President of the People's Republic of China (effective as of October 1, 1985)

Contents

Chapter I General Provisions

Chapter II Legal Succession

Chapter III Testamentary Succession and Legacy

Chapter IV Disposal of Legacy

Chapter V Supplementary Provisions

Chapter I General Provisions

Article 1 According to "The People's Republic of China"

Article 2 Inheritance begins when the decedent dies.

Article 3 Legacy is the personal legal property left by a citizen when he dies, including:

(1) the income of a citizen;

(2) Houses, savings and daily necessities of citizens;

(3) citizens' trees, livestock and poultry;

(4) citizens' cultural relics, books and materials;

(5) The law allows citizens to own the means of production;

(6) citizens' property rights in copyright and patent rights;

(7) Other lawful property of citizens.

article 4 the personal income due to individual contracting shall be inherited in accordance with the provisions of this law. Individual contracting, if the successor is allowed to continue contracting according to law, shall be handled in accordance with the contract.

Article 5 After the succession begins, it shall be handled according to the 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 6 the right of inheritance and bequest of a person without legal capacity shall be exercised by his legal representative.

the right of inheritance and bequest of a person with limited capacity shall be exercised by his legal representative or with the consent of his legal representative.

Article 7 An heir who commits any of the following acts shall lose the right of inheritance:

(1) intentionally killing the decedent;

(2) killing other heirs in order to compete for inheritance;

(3) Abandoning the decedent, or seriously abusing the decedent;

(4) forging, tampering with or destroying a will, if the circumstances are serious.

article 8 the time limit for bringing a lawsuit for disputes over inheritance rights is two years, counting from the day when the heir knows or should know that his rights have been infringed. However, if more than 2 years have passed since the beginning of the succession, no lawsuit may be brought.

chapter ii legal succession

article 9 the right of inheritance is equal between men and women.

Article 1 The inheritance shall be inherited in the following order:

The first order: spouse, children and parents.

second order: brothers and sisters, grandparents, grandparents.

after the inheritance begins, it will be inherited by the successor in the first order, but not by the successor in the second order. If there is no successor in the first order, it will be inherited by the successor in the second order.

the children mentioned in this law include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.

the parents mentioned in this law include biological parents, adoptive parents and step-parents who are dependent.

Brothers and sisters mentioned in this Law include brothers and sisters of the same parents, half-brothers or half-brothers, adopted brothers and sisters, and stepbrothers and sisters who have a dependency relationship.

Article 11 If the decedent's children died before the decedent, subrogation inheritance shall be the direct descendant of the decedent's children. Generally speaking, subrogation inheritance people can only inherit the share of the inheritance that his father or mother has the right to inherit.

Article 12 A widowed daughter-in-law who has done her main duty of support to her parents-in-law and a widowed son-in-law to her father-in-law and mother-in-law shall be regarded as the first heir.

article 13 heirs in the same order shall generally inherit an equal share of the estate.

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 maintenance obligations to the decedent or who live with the decedent * * * can get more points when distributing the estate.

heirs who have the ability and conditions to support, but fail to fulfill their obligations of support, shall not divide or divide the inheritance.

if the heirs agree through consultation, they may also be unequal.

Article 14 Appropriate inheritance may be given to people other than heirs who are dependent on the support of the decedent, who lack the ability to work and have no source of income, or those other than heirs who support the decedent more.

Article 15 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 estate 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 iii testamentary succession and bequest

article 16 a citizen may make a will to dispose of his personal property in accordance with the provisions of this law, and may designate an executor.

A citizen may make a will to designate his personal property to be inherited by one or more legal heirs.

citizens can make a will to give their personal property to people other than the state, the collective or the legal heirs.

Article 17 A notarized will shall be handled by the testator through a notary office.

a self-written will is written and signed by the testator, indicating the year, month and day.

A will written by proxy shall be witnessed by two or more witnesses, and one of them shall write the book on behalf of the proxy, indicating the year, month and day, and shall be signed by the proxy, other witnesses and the testator.

A will made in the form of audio recording shall be witnessed by two or more witnesses.

A testator may make an oral will in an emergency. An oral will shall be witnessed by two or more witnesses. After the emergency situation is lifted, if the testator can make a will in written or recorded form, the oral will made is invalid.

Article 18 The following persons cannot be witnesses to the will:

(1) Persons with no capacity or with limited capacity;

(2) heirs and legatees;

(3) people who are interested in the heirs and legatees.

Article 19 A will shall reserve a necessary share of the inheritance for heirs who lack the ability to work and have no source of income.

Article 2 A testator may revoke or change his will.

there are several wills, and if the contents are inconsistent, the last will shall prevail.

a notarized will may not be revoked or changed by writing, writing on behalf of others, recording or oral will.

Article 21 Where there are obligations attached to the inheritance or bequest of a will, the successor or legatee shall perform the obligations. If a person fails to perform his obligations without justifiable reasons, the people's court may revoke his right to accept the inheritance at the request of the relevant unit or individual.

Article 22 A will made by a person with no capacity or with limited capacity is invalid.

A will must express the true meaning of the testator, and a will made by coercion or deception is invalid.

a forged will is invalid.

if the will is tampered with, the tampered contents are invalid.

Chapter IV Disposal of Legacy

Article 23 After the succession begins, the heir who knows the death of the decedent shall promptly notify other heirs and the executor. If none of the heirs knows the decedent's death or knows the decedent's death and cannot notify him, the unit where the decedent worked before his death or the residents' committee or villagers' committee at his domicile shall be responsible for notifying him.

Article 24 A person who has an inheritance shall take good care of it, and no one may embezzle or scramble for it.

article 25 if the successor abandons the inheritance after the inheritance begins, he shall give an indication of abandonment before the estate is disposed of. If there is no indication, it is regarded as accepting inheritance.

the legatee shall, within two months after knowing the legacy, make an indication of accepting or giving up the legacy. If there is no indication of maturity, it shall be regarded as giving up the legacy.

Article 26 Unless otherwise agreed, if a husband and wife divide their inheritance, they shall first divide half of the * * * and all the property into the spouse's and the rest into the decedent's inheritance.

if the inheritance is among the property owned by the family, when the inheritance is divided, other people's property should be divided first.

Article 27 Under any of the following circumstances, the relevant part of the estate shall be handled according to legal inheritance:

(1) The testator abandons the inheritance or the legatee abandons the legacy;

(2) The testator loses the right of inheritance;

(3) The testator or legatee dies before the testator;

(4) the legacy involved in the invalid part of the will;

(5) the legacy that has not been disposed of in the will.

article 28 when the estate is divided, the share of inheritance of the fetus shall be reserved. The fetus is dead at birth, and the reserved share shall be handled in accordance with legal inheritance.

article 29 the division of an estate shall be beneficial to the needs of production and life, and shall not damage the utility of the estate.

An estate that is not suitable for division can be disposed of by discounting, appropriate compensation or * * *.

Article 3 If one spouse remarries after his death, he has the right to dispose of the inherited property, and no one may interfere.

Article 31 A citizen may sign an agreement on bequest and maintenance with a supporter. According to the agreement, the supporter undertakes the obligation of the citizen to be born, raised and buried, and enjoys the right of bequest.

citizens can sign a legacy support agreement with collective ownership organizations. According to the agreement, the collective ownership organization undertakes the obligation of the citizen to be born, raised and buried, and enjoys the right to be bequeathed.

Article 32 An inheritance that has neither been inherited nor bequeathed shall be owned by the state; If the deceased was a member of a collective ownership organization before his death, it belongs to the collective ownership organization where he belongs.

article 33 inheritance should pay off the taxes and debts that the decedent should pay according to law, and the payment of taxes and debts is limited to the actual value of his estate. If the part exceeds the actual value of the estate, the heir will voluntarily repay it.

if the heir abandons the inheritance, he may not be liable for the taxes and debts that the decedent should pay according to law.

article 34 the execution of bequest shall not hinder the settlement of taxes and debts that should be paid by the bequest according to law.

chapter v supplementary provisions

article 35 the people's congresses of ethnic autonomous areas may, in accordance with the principles of this law and in light of the specific circumstances of the inheritance of local ethnic property, formulate flexible or supplementary provisions. The provisions of the autonomous region, reported to the NPC Standing Committee for the record. The provisions of an autonomous prefecture or autonomous county shall come into force after being approved by the standing committee of the people's congress of the province or autonomous region, and shall be reported to the NPC Standing Committee for the record.

Article 36 If a China citizen inherits the heritage outside the People's Republic of China or the heritage of a foreigner inside the People's Republic of China, the law of the decedent's domicile shall apply to movable property and the law of the place where the immovable property is located.

if a foreigner inherits the heritage within the People's Republic of China or the heritage of a China citizen outside the People's Republic of China, the law of the decedent's domicile shall apply to movable property and the law of the place where the immovable property is located.

if the people's Republic of China has treaties or agreements with foreign countries, they shall be handled in accordance with them.

article 37 this law shall come into force as of October 1, 1985.