1. Benefits of making a will:
(1) Dispose of personal property at will. The testator can give his personal property to any legal heir before his death, or he can choose to give more or less to one heir, or even leave his property to people or organizations other than the legal heir.
(2) Clearly define the scope of the heritage. Personal property has a certain degree of privacy, so many times the legal heirs do not confirm how much inheritance their parents have, how much it is worth and where it is. Wills can clarify the scope and ownership of property and avoid property disputes afterwards.
In legal effect, testamentary succession takes precedence over statutory succession. Although making a will may make the legal heirs with the same status get different incomes, it can fully express the true wishes of the testator.
2. The necessity of making a will:
The legal effect of will is greater than legal inheritance. There are countless cases of property inheritance disputes caused by intestate, and the most common problem is the inheritance of the only child.
For example:
Xiao Zhang's parents died before his grandparents. After Xiao Zhang's father died, Xiao Wang's mother lived alone in this house and did not change the real estate license. Three years later, the mother died, but when their only son Xiao Zhang was ready to inherit the property, he found that he could only inherit a little more than half of the house.
Case study:
According to the inheritance law of our country, property inheritance needs to be carried out in the order of inheritance. The first heirs include spouses, children and parents. The second order heirs include brothers and sisters, grandparents and grandparents. When there is an heir in the first order, the heir in the second order may not inherit.
The property belongs to Xiao Wang's parents, each accounting for 1/2.
When Xiao Zhang's father died, his father's share of real estate was divided equally according to the heirs in the first order, that is, mother, grandfather, grandmother and Xiao Zhang each got 1/8.
When Xiao Zhang's mother died, her mother's share of real estate was 1/2+ 1/8 = 5/8, which was divided equally among the first heirs, that is, Xiao Zhang, Grandpa and Grandma inherited it, with 5/24 each.
When Xiao Zhang's grandfather died, his grandfather's share of real estate was 1/8, which was divided equally among his grandmother, aunt and Xiao Zhang (subrogation inheritance), each with 1/24.
Grandma Xiao Zhang died: Grandma's share of real estate was1/8+1/24 =1/6, which was inherited by Xiao Zhang (subrogation inheritance) and her aunt1/2.
When Grandpa Xiao Zhang died, 5/24 of Grandpa's share of property was distributed to Grandma, Uncle and Xiao Zhang (subrogation inheritance), 5/72 each.
Up to now, Xiao Zhang's property share is1/8+5/24+112+5/72 =19/36. Xiao finally got a little more than half of the real estate share. Because there is no will, the only child can't inherit all the real estate, and many disputes may arise if negotiation fails, so it is very necessary to make a will.