The importance of wills: Why do gifts left by parents turn relatives against them? Long-lasting Love Lawyer Wu Tinggen - Financial Planning Consultant (AFP) "What do you think inheritance is? If you

The importance of wills: Why do gifts left by parents turn relatives against them? Long-lasting Love Lawyer Wu Tinggen - Financial Planning Consultant (AFP) "What do you think inheritance is? If you ask me, my answer is: "Inheritance is the last gift left to the family." But what if family members disagree and argue about how to divide these gifts and go to court? Some families may even get criminal cases because of this. Did you know that the importance of a will actually doesn’t matter? Unlike what people think, only "rich people" will go to court to fight for inheritance. In addition, dividing the inheritance according to law may not be the least controversial way. I once handled a case where my father died and left behind a wife and two children. A daughter, her inheritance was only a house and some savings, and there were only three heirs. It seemed very simple! After her father passed away, the three heirs discussed how to distribute the inheritance, and finally reached an agreement based on the inheritance. Partially distribute the deposit, and each person will receive 1/3 of the deposit. However, what should be done with the house left by the father? Should the house be rented out and the monthly rent be collected? Or should it be sold and the cash should be shared? ? The eldest sister’s family lives there and insists not to move out and is unwilling to use the rent to compensate other people. How should the matter be resolved during inheritance? , there are only two ways to solve the inheritance distribution problem: the heirs negotiate and reach an "estate division agreement". However, if there are heirs who are "unwilling" to sign the agreement, then unfortunately, the only way to deal with the inheritance distribution problem is to file a lawsuit with the court. Divide the estate. Donate "will be the cause of mutual hatred among the heirs. Therefore, in order to prevent a good "gift" from becoming a source of "dislike", it is necessary for the decedent to write down his thoughts on the distribution of the inheritance into a legal and effective "will". Lawyer Ai Changzhao Wu Tingjian - Financial Planning Consultant (AFP) "What do you think inheritance is? If you ask me, my answer is "Inheritance is the last gift left to the family." However, if the family is worried about how to divide these What should we do if we have disagreements about gifts and go to court? Some families may even have criminal cases because of this. Did you know that the importance of a will is actually not as important as people think? Only "rich people" will go to court to fight for inheritance. In addition, dividing the inheritance according to law may not be the least controversial way. I once handled a case where the father passed away and left behind a wife and two daughters, with only one inheritance. There were only three heirs, including a house and some savings. The father did not make a will. After his death, the three heirs discussed how to distribute the inheritance, and finally reached an agreement that each person would receive 1/3 according to the share of the deposit. What should I do with the house my father left behind? Should I rent it out and collect the monthly rent? Or should the eldest sister and her family live in it and not want to move out? How should the rent be used to compensate other people? In inheritance, if the decedent did not plan for future inheritance distribution during his lifetime, there are only two ways to solve the inheritance distribution problem after his death: the heirs negotiate. "Estate Division Agreement." However, if any of the heirs are "unwilling" to sign the agreement, then unfortunately the only way to deal with the issue of estate division is to file an estate division lawsuit in court. Therefore, in order to prevent a good "gift" from becoming a source of "dislike", it is necessary for the deceased to write down his thoughts on the distribution of the inheritance in a legally valid "will". The decedent can also tell his/her descendants why he/she chose to leave what property to whom? What is the blessing behind this? There is a case around me: "My grandmother left a set of gold jewelry to her granddaughter in the hope that her granddaughter can wear this set of jewelry when she gets married in the future. Even if grandma is gone, her granddaughter can still get married with her grandmother's deep love and blessing! Grandma After passing away first, my granddaughter took over this set of jewelry from the executor and learned about grandma’s blessing. Her heart was filled with emotion and memory for grandma. Therefore, I often tell the audience in my speeches: "The will is the last thing I write to my family!" A love letter". When we look at it like a love letter, it doesn’t feel like making a will is such a bad thing! In addition, when many heirs discuss how to distribute the inheritance of the deceased (parents), they will mention respecting the wishes of the parents (what I call "will") and leaving a certain property (usually a higher-value real estate) to Someone (maybe a child or even a grandchild). It is generally accepted that a will is legally binding. But I want to reiterate: the "will" does not have legal effect and cannot force other heirs to perform; the "last words" are the legally effective documents. How to make a will How to make a legally binding will? I have compiled the relevant laws into the table below for your reference. The most recommended wills are listed below, they are either "self-written wills" or "notarized wills"! As for a "self-written will", it is still valid if it meets legal requirements. However, since there are no witnesses, if the heirs dispute the validity of the will, handwriting identification is generally required; some administrative agencies even do not accept will registration applications based on self-written wills (for fear that the heirs will have disputes and become the defendant). Therefore, it is still necessary to file a lawsuit to confirm the validity of the will through court procedures. In order to avoid these cumbersome procedures, it is recommended that a written will or a notarized will be the first choice. Therefore, it is still necessary to initiate a "probate" lawsuit through court proceedings. In the table above, we would like to make it clear that a "minor" in civil law refers to a person under the age of 20. Persons over 20 years old are considered adults and can serve as witnesses. If a will is signed or sealed by the testator, scrivener or witnesses, it is invalid! Other reminders about wills (1) When making a will, please arrange for an "executor". After the death of the testator, the executor can assist in matters such as will inheritance registration, inheritance tax declaration, bequest delivery and inheritance distribution according to the testator's instructions in the will....... The executor can use a will to assist in registering inheritance, filing inheritance taxes, delivering bequests, and distributing the estate in accordance with the testator's instructions in the will. Furthermore, other heirs cannot prevent the executor from performing his duties! With the "executor", the executor becomes the first person responsible for inheritance tax! Therefore, the testator must remember to "set aside estate tax sources" for the executor (cash insurance arrangements are one way to do this). Without an Estate Tax Payment Certificate or a Tax Exemption Certificate issued by the Internal Revenue Service, the estate cannot be transferred to the heirs or legatees. An executor can also be an heir. (If the decedent does not make a will, the heirs will distribute the estate in proportion to the vested shares. If the decedent makes a will, the heirs will distribute the estate in proportion to the vested shares. However, in the case of a violation of the special reserve, the special reserve shall not will expire, but the person who has violated the special reserve can exercise the right to deduct. For example: Chen's father dies, leaving only two sons, and Chen's mother dies a few years before Chen's father dies. Assume that Chen's father only has 10 million US dollars. In the case of inheritance, if Chen’s father did not make a will to specify the distribution method, each of the two sons can get 5 million US dollars (10 million US dollars/2). If Chen’s father made a will, all 10 million US dollars would be left to If the eldest son is born, the will will not be invalid due to violation of the special reservation, but the younger son can exercise the right of deduction against the eldest brother and recover 2.2.5 million US dollars (US$5 million/2) that should have been distributed to the two sons (c). ) Finally, it is recommended that before making a will, you should discuss with a lawyer to see if you only need to make a will, or do you need to make other arrangements together? For example, if there is any property registered in the name of the borrower, what do you want? Are there any gifts to children or grandchildren (are they deductible if they were given as a result of a marriage, separation or business)? Are there any debts or investments that are intended to be excluded? (Don’t want to leave a dime to the heirs)? Are there any debt problems for the children or grandchildren? Are there any physical or mental disabilities or inability to manage the estate? Are there any tax considerations that the heirs will face after the inheritance begins? Frequently Asked Questions. In order to avoid leaving the problem to the children, causing them to fight over the inheritance and then go to court, and finally break up unhappy, it is recommended that the testator make plans and actions after full consideration, so that the testator's wishes can be truly realized. Willingness to maintain harmonious family relationships! Article 1190 of the Civil Code: "Those who write a will by themselves should write the full text of the will, indicate the year, month, and day, and sign it personally; if there are additions, deletions, or alterations, the additions, deletions, or alterations and the number of words should be noted, and a separate signature should be included. "Article 1191 (1) of the Civil Code: "For a notarized will, two or more witnesses should be appointed to dictate the will in front of a notary; the notary should make records, read and explain the will, and approve the will by the testator. After agreeing, the will will be recorded on the record on the following year, month and day, and signed by the notary, witnesses and the testator. If the testator is unable to sign the will, the notary should explain the reasons for making the will, and the will will be signed by the notary. "Article 1194 of the Civil Code: "A will written on behalf of the testator shall be witnessed by three or more witnesses designated by the testator; To state the purpose of an oral will, one of the witnesses should record, read or explain the will. After the testator approves the will, he should write down the year, month, day and name of the person who writes the will, and have the witness sign the name. The testator should also Witnesses should sign the will together. If the testator cannot sign the will, he or she should take a thumbprint on his behalf. "About the author: Aijiuhu Editorial Department, a collection of the most practical health care, mood support, disease knowledge and social resources. We are a professional team that stands side by side with caregivers. Don’t forget – “Silver hair care requires long-term love and care”! From here you can enter>>Ai Changzhao fan page and Ai Changzhao platform.