Legal analysis
According to the law, a will refers to a civil legal act in which a citizen disposes of his property in accordance with the contents and methods prescribed by law before his death, and takes effect when he dies. Testamentary succession refers to the way of inheriting inheritance according to the legal and effective will of the decedent. Because a will is a disposition made by the testator before his death, and it can be changed or revoked before his death, the will must be based on the testator's death. If the testator is not actually dead, but meets the relevant legal conditions and is declared dead by the people's court upon the application of an interested party, the will will also take legal effect, and the interested party may dispose of the testator's property. If the testator reappears in a short time, the corresponding property can be returned to the testator; If it takes a long time, such as more than two years, and the property cannot be returned, the beneficiary shall help the testator's basic life within the scope of his benefit, but the legal obligor is not subject to this restriction.
legal ground
People's Republic of China (PRC) Civil Code
Article 122 An inheritance is the personal legal property left by a natural person when he dies. An inheritance that cannot be inherited according to the law or the nature of the inheritance shall not be inherited.
Article 123 After the beginning of inheritance, it shall be handled according to legal inheritance; 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 124 If the successor renounces the inheritance after the inheritance begins, he shall make a written statement renouncing the inheritance before the disposal of the estate; If there is no indication, it is regarded as accepting inheritance. The legatee shall, within 60 days after knowing the legacy, make an indication of accepting or giving up the legacy; If it is not due, it will be deemed as abandoning the inheritance.