Legal information

In our real life, if real estate inheritance is involved now, we must handle it in accordance with the provisions of the Civil Code. Generally speaking, real estate inheritance is inherited according to the will, followed by the invalid will of the testator and inheritance according to law. So what are the new regulations on real estate inheritance introduced in 2022? Next, let’s learn more about it with the editor of Yingting Law Firm.

What are the new rules on property inheritance?
The new policy of real estate inheritance is to inherit first according to the contents of the will. If there is no will, it is legal inheritance. Legal inheritance is inherited first by the first parent, spouse and children, and then by the second heir. The new rules for inheritance of property include other legal property interests that the decedent can inherit according to law.

After the legatee knows that he has been bequeathed, he should decide to accept or give up the bequest. The joint property of the husband and wife will be jointly owned by the husband and wife. After the inheritance begins, if the heir gives up the inheritance, he should give up the inheritance in writing before the inheritance is disposed of.
(1) Inheritance must begin after the death of the deceased. The inheritance rights stipulated by law are only the expectation rights of the heirs.

If the decedent has not died, the inheritance relationship will not occur. Only after the death of the decedent, the inheritance rights will become vested rights. To realize the right of testamentary inheritance, the decedent must have made a legal will before his death, and the decedent has died. Otherwise, the testamentary inheritance relationship will not occur. If the parents are alive, their children cannot inherit the real estate.

Yingting Law Firm has rich practical experience in administrative litigation. It uses solid legal knowledge and theoretical literacy to study a series of legal disputes in administrative litigation. It has accumulated rich experience in handling cases in all aspects and treats every party concerned with care.

It is okay for parents to donate their property to their children if they wish, but this behavior is called gifting during lifetime, not inheritance.
(2) The person who inherits the inheritance must be the legal heir of the deceased, that is, the legal heir or testamentary heir. The legal heirs determined by my country's inheritance law include: spouse, children, parents, brothers and sisters, grandparents, and maternal grandparents.

(3) The inheritance acquired by the heir in accordance with the law must be the legal property owned by the deceased during his lifetime or other legal property rights that can be inherited in accordance with the law. Family common property, joint property between husband and wife, and partnership property cannot be inherited as inheritance without division. Such property must be divided and then belong to the deceased personally.

All illegally obtained property does not belong to inheritance and may not be inherited. Civil Code Article 1122 [Definition of inheritance] Inheritance is the legal personal property left by a natural person when he dies. Inheritance that cannot be inherited in accordance with legal provisions or based on its nature shall not be inherited. Article 1123
[Effectiveness of statutory inheritance, testamentary inheritance, bequest and legacy support agreement]
After the inheritance begins, it shall be handled in accordance with legal inheritance; if there is a will, it shall be handled in accordance with testamentary inheritance or legacy; if there is a legacy and support agreement, it shall be handled in accordance with the agreement.

Article 1,124
[Acceptance and abandonment of inheritance]
After the inheritance begins, if the heir renounces the inheritance, he shall make a written expression of renunciation of the inheritance before the estate is disposed of; if there is no expression, it will be deemed to have accepted the inheritance. The legatee shall make an expression of acceptance or renunciation of the inheritance within 60 days after learning of the inheritance; if there is no expression within the expiration date, it will be deemed to have given up the inheritance.

Article 1062
[Common property of husband and wife]
The following properties acquired by a husband and wife during the marriage relationship are the joint property of the husband and wife and shall be owned jointly by the husband and wife:
(1) Wages, bonuses, and labor remuneration;
(2) Income from production, operation, and investment;
(3) Income from intellectual property rights;
(4) Property inherited or donated, except as provided for in Paragraph 3 of Article 1063 of this Law;

(5) Other property that should be jointly owned. Husband and wife have equal rights to handle joint property. If you want to know more about this, you can consult lawyer Ying Ting for one-on-one online consultation.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.