According to the new Civil Code, after the decedent dies, the legal heirs inherit the estate in the legal succession order without making a will.
The first succession order includes: parents, spouses and children;
The second succession order includes: brothers and sisters, grandparents and grandparents;
If there is a successor in the first order, the successor in the second order will not participate in the inheritance.
take for example
Xiaohong's parents died without a will, and some of Xiaohong's grandparents are still alive, so Xiaohong's grandparents will also be the first heirs of her parents' inheritance and inherit part of Xiaohong's parents' inheritance.
In other words, part of Xiaohong's parents' inheritance became the property of Xiaohong's grandparents.
Xiaohong's grandparents died without a will, and Xiaohong's aunt and aunt, as the first heirs of grandparents, also have the right to inherit.
Is this reasonable?
Take Xiaohong as an example, and continue to assume that Xiaohong's father died unexpectedly, leaving her elderly grandparents and young Xiaohong. If Xiaohong's mother is a mean daughter-in-law and holds Xiaohong's father's inheritance, Xiaohong will not be raised well, and her elderly grandparents will be left unattended.
In this case, if there is no legal basis for inheritance, how can Xiaohong and grandparents claim their rights and interests? Therefore, it is very reasonable for the new civil code to stipulate this!
Summary:
For China people, making a will is always considered unlucky. In fact, if elderly parents can make a notarized will when they are in good health, it will also save their children trouble. Make a will in advance. If you find that your children are unfilial, you can change them at any time and redistribute them according to your own wishes. Of course, you can also give the property to your children before you die, provided that you have the right to use the house as long as your parents are alive.