1, designated inheritance, that is, inheritance by the person designated by the will; Take precedence over legal succession.
2, legal inheritance, that is, in accordance with the "inheritance law" provisions of the succession order:
First order: spouse, children, parents.
The second order: brothers and sisters, grandparents, grandparents.
3. subrogation inheritance:
If the decedent's children died before the decedent, subrogation inheritance shall be the direct blood relative of the decedent's children. Generally speaking, subrogation inheritance people can only inherit the share of the inheritance that their father or mother has the right to inherit. 4. Inheritance:
If an heir dies after the decedent but before inheriting the estate, his share of the estate shall be borne by other heirs.
Extended data:
Related cases:
Uncle Lu has three sons. Make a will before death: after death, all his property (real estate, deposits, stocks and some calligraphy and painting, etc. ) was left to his youngest son, Xiao Lu, who was asked to study abroad. On 20 16 10, Uncle Lu died unfortunately. When he saw his father's will, the Mainland and the Second Road took Xiao Lu to court.
The mainland and the second road believe that their father will not be so eccentric and leave all their property to their younger brother. They think that the will provided by Lu Xiao is forged and needs handwriting identification. The two brothers believe that the father is older and seriously ill, and when he made the will, he was unconscious and had no capacity for civil conduct, and the will was invalid.
After many court sessions, handwriting identification and identification of Uncle Lu's behavioral ability (based on medical records and other related materials), the case has not been handled so far. The legacy involved was seized and frozen by the mainland and the Second Road, so Lu Xiao failed to get the money in time, and his plan to go abroad for further study fell through.
Lawyer Jiang, an expert in the expert database of mediation of marriage and family disputes in Guangxi, said that it is not unfilial for children to persuade the elderly to make a will. Old people should also accept new ideas and make plans and arrangements in advance to avoid bringing long-term "war" to their families.
There are notarized wills, self-written wills, written wills, recorded wills and oral wills, and the forms and effects of each will are also different. In order to avoid the invalidity of the will, it is best to let professional legal personnel assist in making the will.
The complexity of the variety and quantity of wealth requires the comprehensive use of wealth management tools: wills, gifts, insurance and trusts, and even foundations. For example, give some property to a specific person before death, or distribute some serious illness or education insurance to children or grandchildren. Can also achieve the purpose of partial inheritance.
Baidu Encyclopedia-Inheritance Law of China People
People's Network-How to inherit the legacy of parents' death? Make a will before death to avoid property disputes.