First, can a lawyer be a risk agent in inheritance dispute cases?
1. According to the relevant laws and regulations of our country, risk agency is not allowed in marriage and inheritance cases. The lawyer should sign a general agency contract with the client, and signing a risk agency contract is invalid.
2. Legal provisions: "Measures for the Administration of Lawyer Service Fees"
Article 11 When a law firm handles civil cases involving property relations, the client shall still If risk agency is required, risk agency fees may be implemented, except in the following circumstances:
(1) Marriage and inheritance cases;
(2) Request for social insurance benefits or minimum living security benefits
(3) Requesting for the payment of alimony, child support, alimony, pensions, relief funds and work-related injury compensation;
(4) Requesting for the payment of labor remuneration, etc.
Article 12 prohibits the implementation of contingency fees in criminal litigation cases, administrative litigation cases, state compensation cases and group litigation cases.
2. What is the subject of inheritance?
The so-called subject of inheritance rights is the subject who enjoys and can exercise inheritance rights. According to the relevant provisions of the Civil Code, the subject of inheritance rights can be directly stipulated by law, or can be designated by a legal and valid will, or by a legacy and support agreement signed by the decedent and others. Specifically, they fall into the following three categories:
1. Legal heirs. That is, the spouse, children, parents, brothers, sisters, grandparents, and maternal grandparents of the deceased. The Civil Code stipulates that "Inheritance shall be inherited in the following order: First order: spouse, children, parents. Second order: brothers and sisters, grandparents, and maternal grandparents. The second order of heirs includes: brothers, sisters, grandparents, and maternal grandparents (without the third order) If the first-order heir succeeds or the first-order heir renounces the right of inheritance, the second-order heir shall inherit.
2. The heir designated by the will. According to the provisions of the Civil Code, a citizen can make a will to designate one or more. If there are multiple legal heirs, you can also make a will to hand over the personal property to the state, the collective or a person other than the legal heir.
3. The Civil Code stipulates: “Citizens can sign a legacy support agreement with their caregivers. According to the agreement, the caregiver assumes the obligations of the citizen’s life, support and burial, and enjoys the right to receive legacies. Citizens can sign a legacy support agreement with a collective ownership organization. According to the agreement, the collective ownership organization assumes the custody and death obligations of citizens, and enjoys the right to receive bequests. ”
The above are the editor’s answers to relevant legal questions. According to the relevant laws and regulations of our country, risk agency is not allowed in marriage and inheritance cases. The lawyer should sign a general agency contract with the client, and signing a risk agency contract is invalid. If If you need legal help, please feel free to ask for legal questions