Legal subjectivity:
1. Notarized inheritance fee standards
Normally, in testamentary inheritance, heirs must obtain the inheritance through notarization of inheritance rights. Here I would like to introduce to you the charging standards for inheritance notarization at the notary office. Before October 1, 2013, the fee for inheritance notarization was 2% of the benefit amount. After October 1, 2013, the National Development and Reform Commission and the Ministry of Finance lowered the fee standards for inheritance notarization and adopted a stepped charging method, divided into five levels, and the charging standards were reduced step by step: The first level is when the benefit amount is 20 The portion below 10,000 yuan is charged at 1.2%; the second bracket is the portion over 200,000 yuan but less than 500,000 yuan, this part is charged at 1%; the portion over 500,000 yuan but less than 5 million yuan belongs to the third bracket, this part , is charged at 0.8%; the fourth bracket, the portion exceeding 5 million yuan but less than 10 million yuan, is charged at 0.5%; the last fifth bracket, which refers to the portion exceeding 10 million yuan, is charged at 0.1%. For example, if the amount of the inheritance notarized is 1 million yuan, the calculation method of the notary fee that needs to be paid is 20*1.2%+30*1%+50*0.8%=9,400 yuan. Next, some people will be more concerned about the time it takes from applying for notarization to getting the notarization certificate. According to the provisions of Article 30 of the Notarization Law, if the supporting materials provided during the application are true, legal, and sufficient, and the matters applied for notarization are true and legal, the notarization application shall be submitted to the parties within fifteen working days from the date of acceptance of the notarization application. Issue a notarial certificate.
2. Definition of the scope of notarized inheritance
After accepting inheritance or notarizing a will, especially when reviewing the will provided by the party or drafting a will for the party, the legal scope of the inheritance must be clearly defined. This prevents the parties from mistakenly disposing of other property that does not fall within the scope of the estate. Article 3 of the Inheritance Law clearly stipulates: Inheritance is the legal personal property left by the deceased when the heir dies, including:
(1) Citizens’ legal income
(2) Citizens’ houses, Savings and daily necessities
(3) Citizens’ trees, livestock and poultry;
(4) Citizens’ cultural relics, books and materials;
(5) Laws Allow citizens to own the means of production;
(6) Citizens’ property rights in copyrights and patents;
(7) Citizens’ other legal properties; due to varying legal levels , the notary’s understanding of the scope of “other legal property of citizens” is very likely to be contrary to legal provisions. It is also difficult for the author to list other legal properties in words here. We might as well use the exclusion method. We only need to understand which properties are not Just belong to the inheritance scope.
3. Does the notarization of the estate require the presence of all the children?
The notarization of the estate does not require the presence of all the children of the elderly person. Article 12 of the "Detailed Notarization Rules for Survivors" stipulates that when the notary public inquires about the testator, except for witnesses and translators, other personnel are generally not allowed to be present. Notaries shall prepare transcripts of interviews in accordance with the provisions of Article 24 of the "Rules of Notarization Procedure (Trial)".
According to this provision, it can be seen that the notarization of survivors requires persons other than the testator to recuse themselves. The notary requires family members and other interested parties to avoid the testator when questioning him. The room where the will is processed is generally well soundproofed and even equipped with audio and video equipment. If the children are present, they must not enter the office where the will is made, because the will is confidential while the testator is alive, and any interested person next to the testator will affect the authenticity and voluntariness of the testator's expression of intention. To better protect your rights. Legal objectivity:
Article 34 of the "Notarization Law of the People's Republic of China" The parties concerned shall pay notarization fees in accordance with regulations. For parties who meet the conditions for legal aid, the notary office shall reduce or exempt notary fees in accordance with regulations. Article 46 of the "Notarization Law of the People's Republic of China" The charging standards for notarization fees shall be formulated by the pricing departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.