Article 42 of the "Insurance Law" After the death of the insured, if one of the following circumstances occurs, the insurance money shall be the inheritance of the insured, and the insurer shall comply with the provisions of the "Insurance Law" The obligation to pay insurance benefits in accordance with the provisions of the Succession Law of the People's Republic of China:
(1) No beneficiary is designated, or the designation of the beneficiary is unclear and cannot be determined;
(2) ) The beneficiary dies before the insured and there is no other beneficiary;
(3) The beneficiary loses or gives up his beneficiary rights in accordance with the law and there is no other beneficiary.
If the beneficiary and the insured die in the same event and the order of death cannot be determined, the beneficiary is presumed to have died first. Which article of the "Insurance Law" stipulates that inheritance is greater than bonds
There is no provision in the "Insurance Law" that inheritance is greater than bonds. The only provisions regarding inheritance are the following legal provisions.
Article 42 of the "Insurance Law" After the death of the insured, if one of the following circumstances occurs, the insurance money shall be regarded as the inheritance of the insured and shall be paid by the insurer in accordance with the People's Republic of China and the State Succession Law. The obligation to pay insurance benefits according to the provisions of the following provisions:
(1) There is no designated beneficiary, or the designation of the beneficiary is unclear and cannot be determined;
(2) The beneficiary precedes the beneficiary The insurer dies and there is no other beneficiary;
(3) The beneficiary loses the beneficiary rights or gives up the beneficiary rights in accordance with the law, and there is no other beneficiary.
If the beneficiary and the insured die in the same event and the order of death cannot be determined, the beneficiary is presumed to have died first. How does inheritance law regulate inheritance? Can the inheritance inherited by the other party be cancelled?
If an heir commits any of the following acts, he will lose the right to inherit:
(1) Intentionally killing the deceased;
(2) Killing other people in order to fight for the inheritance
(3) Abandoning the decedent or abusing the decedent, if the circumstances are serious;
(4) Forging, tampering with or destroying the will, if the circumstances are serious.
You may visit the Cisco Law Firm website. First of all, there are articles on relevant laws and regulations on the website; secondly, the website has one-on-one consulting services, so you can communicate directly with lawyers online.
Article 33 of the "Succession Law"
The person who inherits the estate shall pay off the taxes and debts that the decedent should pay in accordance with the law. Limited to estate value. The portion exceeding the actual value of the estate shall not be limited to the portion voluntarily paid by the heirs.
About inheritance of land
Your mother has half of the ownership, and the other half is inherited by your mother and her children ***. Cases about inheritance rights
Just use Baidu to find out.
For details, call or QQ consultation
Beijing Marriage and Family Lawyer Liu Dalai
For contact information, please see Space or Baidu Regarding whether the abandoned decedent has the right to inherit according to my country's "Succession Law" Questions
1. Regarding inheritance rights:
As long as the parties do not meet the provisions of Article 7-1 of my country's "Succession Law", they have legal inheritance rights:
Inheritance rights:
Inheritance rights:
Article 7 If an heir commits any of the following acts, he will lose his inheritance rights:
1. Intentionally killing the deceased;
2. Killing other heirs to fight for inheritance;
3. Abandoning the decedent, or mistreating the decedent in serious circumstances;
4. Forging, tampering with or destroying wills, The circumstances are serious.
Source: Sanya Lawyers Website Link Sanya Lawyers Website Link 2. Determination of abandonment of the decedent:
1. Abandonment of the decedent means that the heir has no ability to work and no independence. The decedent, who has a source of income and the ability to live independently, has the legal obligation to support, support and support, but refuses to perform his obligations;
2. Abuse of the decedent means that the decedent often treated the decedent in such a way that he often treated him during his lifetime. The heir commits physical torture or mental torture; if the abuse of the heir is serious, the heir shall lose the right to inherit;
3. To determine whether the decedent’s abuse of the heir is serious, in judicial practice, it is mainly based on the fact that the decedent committed abuse Factors such as the time, means, consequences of the behavior, and the social impact of the abuse shall be comprehensively considered;
4. If the heir abandons the decedent or abuses the decedent in a serious manner, regardless of whether it constitutes a crime and whether criminal liability is pursued, All should be considered as a loss of inheritance rights;
5. However, if someone shows repentance in the future and expresses forgiveness after being abused or abandoned before his death, it does not need to be considered as a loss of inheritance rights.
Inheritance principles of property inheritance rights in my country
If there is a will or legacy, the inheritance will be handled in accordance with the will or legacy; if there is no will or legacy, the inheritance will be handled in accordance with the legal order and principles of inheritance.
"Succession Law"
Chapter 2 Legal Inheritance
Article 9 The right to inheritance is equal between men and women.
Article 10 The inheritance shall be in the following order:
First order: spouse, children, parents.
Second order: brothers and sisters, grandparents, maternal grandparents.
When inheritance begins, the first-order heir inherits, and the second-order heir does not inherit. If there is no first-order heir, the second-order heir succeeds.
Children as mentioned in this law include legitimate children, illegitimate children, adopted children and dependent stepchildren.
Parents as mentioned in this law include biological parents, adoptive parents and step-parents who have a supportive relationship.
Brothers and sisters as mentioned in this law include brothers and sisters of the same parents, brothers and sisters of the same father and mother or brothers and sisters of the same mother and father, adopted brothers and sisters and step-brothers and sisters with a dependent relationship.
Article 11 If the decedent’s children die before the decedent, the decedent’s blood descendants shall inherit by substitution. Generally speaking, a subrogated heir can only inherit the share of the estate to which his or her father or mother is entitled.
Article 12 A widowed daughter-in-law who fulfills the main support obligations to her father-in-law and mother-in-law, and a widowed son-in-law who has the main obligation to support his father-in-law and mother-in-law, shall be the first-order heir.
Article 13 The shares of inheritance inherited by heirs in the same order are generally equal.
Heirs who lack the ability to work and whose lives are particularly difficult should be taken into consideration when distributing inheritance.
Heirs who have fulfilled their main support obligations or who lived with the deceased can receive more shares when distributing the inheritance.
If an heir who has the ability and conditions to support fails to fulfill his support obligations, heirs will receive no or less share when distributing the inheritance.
It may also be unequal as agreed in the heir agreement.
Article 14 The inheritance may be distributed appropriately to people other than heirs who rely on the decedent for support and lack the ability to work and have no source of living, or for people other than heirs who support the decedent more.
Article 15 Heirs shall negotiate and resolve inheritance issues in the spirit of mutual understanding, mutual accommodation, harmony and unity. The time, method and shares of inheritance division shall be determined by the heirs through negotiation. If negotiation fails, the case may be mediated by the People's Mediation Committee or a lawsuit may be filed in the People's Court.
Chapter 3 Testamentary Inheritance and Bequests
Article 16 Citizens may make a will to dispose of personal property in accordance with the provisions of this law, and may designate an executor.
Citizens can make a will to specify that personal property will be inherited by one or more legal heirs.
Citizens may make a will to donate personal property to the state, collectives or persons other than legal heirs.
Article 17 Notarization of a will shall be handled by the testator through a notary office.
A self-written will is handwritten and signed by the testator, indicating the year, month and day.
A written will should be witnessed by two or more witnesses, written by one of them, marked with the year, month and day, and signed by the witnesses, other witnesses and the testator.
A will made in the form of a recording should be witnessed by two or more witnesses.
A testator may make an oral will in an emergency. An oral will should be witnessed by two or more witnesses. An oral will is invalid if the testator is able to make the will in written or recorded form after the emergency is over.
About inheritance, heirs, and successors
The order of inheritance is as follows
The first order is: spouse, children, parents
< p> The second order is: brothers and sisters, grandparents, maternal grandparents.If there is no first-order heir, or the first-order heir gives up the right to inherit, the second-order heir will inherit. If your father gave up his inheritance rights, check to see if your grandfather has other children, whether he has a spouse, and see if your grandfather has any brothers and sisters. Grandchildren have no inheritance rights. There is only a right of subrogation, if the father dies before the grandfather. How does the inheritance law explain the issue of whether grandchildren have the right to inherit?
There are two types of inheritance for grandchildren in the (inheritance law). One is that the old man directly passes the inheritance to his grandchildren through a legal will. One is the subrogation law. To explain it simply, the old man's children die before the old man. After the old man dies, he begins to inherit the share of the inheritance inherited by the children of the deceased (that is, the grandchildren).