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How to write an indictment for inheritance disputes

The essential points for writing a lawsuit for inheritance disputes are as follows:

1. Basic information of the plaintiff and defendant: name, gender, ethnicity, date of birth, ID number, ethnicity, Place of residence, contact number, etc. If the place of residence is inconsistent with the actual place of residence, it is best to write down the actual place of residence. (All heirs should be listed as parties and must not be omitted. Note: According to the law, the legal heirs in the first order are parents, spouses, and children, and in the second order are grandparents, maternal grandparents, brothers and sisters)

2. Litigation claims:

(1) Request to inherit the deceased’s estate (how much is the value);

(2) Litigation fees shall be borne by the defendant.

3. Factual reasons: It mainly states when the decedent died, what kind of inheritance he left behind, the number of heirs, the relationship between the plaintiff, the defendant and the decedent, and the reasons for filing a lawsuit in court.

4. Signing of the complaint: The civil complaint must be signed or stamped by the complainant, and the month and day must be written, and the time must be the same as the actual date of prosecution.

The evidence that the plaintiff should provide is as follows:

1. The identity information of the plaintiff and defendant. One copy of each identity certificate of the plaintiff and the defendant (a copy of the plaintiff’s recent ID card, the defendant’s permanent population information issued by the police station or administrative service center);

2. Death certificate of the deceased. You can provide the household registration cancellation certificate issued by the public security organ or police station, or the death certificate issued by the hospital, or the court's judgment declaring death;

3. Proof of kinship between all heirs and the decedent. You can provide the original household registration booklet issued by the police station, or the personnel files, employee registration form or cadre resume of your spouse and all children. If there is no formal unit, the community or street can jointly issue a kinship certificate (for spouse and all children);

4. The living conditions of the deceased’s parents or children. If you are deceased, you should provide corresponding certificates. You can provide the household registration cancellation certificate issued by the public security organ or police station, or the death certificate issued by the hospital, or the court's judgment declaring death; if the parents are older and cannot issue a death certificate, they can be provided by the deceased. The unit, community, or street must issue a certificate proving that the deceased's parents died before the deceased. If it was earlier than 1950, a certificate of the grave or a photo of the tombstone can be provided. If this is still not possible, the witness testimony of two or more interested persons can be provided and a copy of their ID card must be attached. ;

5. If the deceased’s spouse died before him, there is proof of remarriage. A certificate of no marriage registration record can be issued by the district civil affairs bureau where the household registration is located;

6. Type and quantity of inheritance. If the inheritance is real estate, you can provide the real estate certificate, land certificate, or go to the housing management department to obtain the house ownership registration information inquiry result certificate; if the inheritance is movable property, you can provide bank deposit certificates, stocks and other asset lists issued by securities companies. Or relevant vouchers;

7. Other evidentiary materials that need to be provided.

Legal basis: Article 121 of the Civil Procedure Law of the People's Republic of China

The complaint should specify the following matters:

(1) The name, gender, age, ethnicity, occupation, workplace, residence, and contact information of the plaintiff, the name, residence, and name, position, and contact information of the legal person or other organization and the legal representative or principal responsible person;

(2) The name, gender, work unit, residence and other information of the defendant, the name, residence and other information of the legal person or other organization

(3) Litigation claim and the facts and reasons on which it is based ;

(4) Evidence and sources of evidence, names and addresses of witnesses.