Can I make a will for my pension?
Does the deceased have the right to make a will to dispose of the pension after death? Zhang Wei of Suzhou Liming Notary Office Recently, Wang, a retired teacher, went to the notary office to apply for notarization of his will to punish the pension paid by his unit after his death. There are two different opinions on whether the will application can be accepted. One thinks it should be accepted, because the distribution of pensions is mostly based on inheritance; Another view is that it should not be accepted, because the punishment of Wang is not his personal legal property before his death, but the pension paid by his unit to his family after his death, which should belong to the property of Wang's family. In my opinion, Wang's application should not be accepted, because: pension refers to a certain amount of consolation money and living allowance paid by the state or relevant units to the disabled or the families of the deceased in accordance with relevant laws and regulations when citizens are disabled or killed due to work-related injuries, traffic accidents or other accidents. There are two kinds of pensions in China. One is disability pension, which is paid to the disabled by the state or relevant units according to relevant laws and regulations. At this time, the pension is owned and dominated by the disabled and belongs to the legal property of the disabled before their death. The other is death pension, which is paid by the state or relevant units to the families of the deceased according to relevant laws and regulations. It is a material help and spiritual comfort to the families of the deceased and should belong to the property of the families of the deceased. In addition, Article 3 of the Inheritance Law of People's Republic of China (PRC) stipulates that the inheritance is the personal legal property left by a citizen when he dies, including: (1) the income of a citizen; (2) Houses, savings and daily necessities of citizens; (3) Citizens' trees, livestock and poultry; (4) Cultural relics, books and materials of citizens; (five) the means of production that the law allows citizens to own; (six) the property rights in the copyright and patent rights of citizens; (7) Other lawful properties of citizens. As can be seen from the above, whether different kinds of pensions can be treated as inheritance is different. If the pension is given to the disabled by the state or relevant units in accordance with relevant laws and regulations, it belongs to the personal legal property of the disabled before his death, and can be disposed of by will. If the pension is not the economic compensation for the deceased, but the material help and spiritual comfort given by the state or relevant units to the family members of the deceased according to the relevant laws and regulations, then the pension belongs to the personal property of the family members of the deceased, not the legal property of the deceased before his death. At this time, it is impossible to make a will for punishment. The purpose of Wang's will is to dispose of the pension paid by the unit to his family after his death. At this time, the king has no right to dispose of it, so the will should not be accepted.