(1 April 1985 10 adopted at the Third Session of the Sixth National People's Congress1April 1985 10 promulgated by Decree No.24 of the President of the People's Republic of China, and shall come into force as of1June 198510.
Chapter I General Principles
Article 1 In order to protect citizens' right to inherit private property, this Law is formulated in accordance with the provisions of the Constitution of People's Republic of China (PRC).
Law.
Article 2 Inheritance begins when the decedent dies.
Article 3 Legacy is the personal legal property left by a citizen when he dies, including:
Citizens' income;
(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.
Article 4 Income contracted by individuals shall be inherited in accordance with the provisions of this Law. Individual contracting shall be carried out according to law.
If the contractor continues to contract, it shall be handled in accordance with the contract.
Article 5 After the beginning of inheritance, it shall be handled in accordance with legal inheritance; If there is a will, it shall be inherited or bequeathed according to the will; have
Legacy maintenance agreement shall be handled according to the agreement.
Article 6 The right of inheritance and bequest of a person without legal capacity shall be exercised by his legal representative.
The right of inheritance and bequest of a person with limited capacity shall be exercised by his legal representative or with the consent of his legal representative.
Exercise after people agree.
Article 7 An heir who commits one of the following acts shall lose the right of inheritance:
(1) Intentionally killing the decedent;
(2) Killing other heirs in order to compete for the right of inheritance;
(3) Abandoning the decedent or seriously abusing the decedent;
(4) Forging, tampering with or destroying a will, if the circumstances are serious.
Article 8 The time limit for bringing a lawsuit for disputes over inheritance rights is two years, counting from the time when the heir knows or should know that his rights have been infringed.
Counting from the date. However, if more than 20 years have passed since the beginning of the succession, no lawsuit may be brought.
Chapter II Legal Succession
Article 9 The right of inheritance is equal between men and women.
Article 10 Heritage shall be inherited in the following order:
First order: spouse, children, parents.
The second order: brothers and sisters, grandparents, grandparents.
After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit. There is no heir in the first order.
If it is inherited, it will be inherited by the successor in the second order.
Children referred to in this Law include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
Parents referred to in this Law include biological parents, adoptive parents and step parents who have a dependency relationship.
Brothers and sisters mentioned in this Law include half brothers and sisters, half brothers and sisters and adopted children.
Brothers and sisters, stepbrothers and sisters with dependent relationship.
Article 11 If the decedent's children died before the decedent, the descendants of the decedent's children shall be lineal relatives.
Bit inheritance. Generally speaking, subrogation inheritance people can only inherit the share of the inheritance that their father or mother has the right to inherit.
Article 12 A widowed daughter-in-law shall be subject to her father-in-law, mother-in-law and son-in-law.
First in line.
Article 13 The shares of heirs in the same order shall generally be equal.
When distributing the inheritance, we should take care of the heirs who have special difficulties and lack the ability to work.
Heirs who have made major support obligations to the decedent or lived together with the decedent can get more points in the distribution of the estate.
If an heir who has the ability and conditions to support fails to perform the obligation of support, he shall not divide or divide the estate.
If the heirs agree through consultation, they may also be unequal.
Article 14 For persons other than heirs who are dependent on the support of the decedent and have no ability to work and no source of livelihood.
Those who support the decedent more than the heir may be given appropriate inheritance.
Article 15 Heirs shall handle the issue of inheritance through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity. division of inheritance
The time, method and share shall be determined by the heirs through consultation. If negotiation fails, it may be mediated by the people's mediation committee or submitted to the people's mediation committee for mediation.
The people's court brought a lawsuit.
Chapter III Testamentary Succession and Legacy
Article 16 A citizen may make a will to dispose of his personal property in accordance with the provisions of this Law, and may designate an executor.
Citizens can make a will and hand over their personal property to one or several legal heirs for inheritance.
Citizens can make a will to give personal property to people other than the state, the collective or the legal heir.
Seventeenth notarized wills shall be handled by the testator through the notary office.
A self-made will is written and signed by the testator, indicating the year, month and day.
A will that entrusts another person to write a book on his behalf shall be witnessed by two or more witnesses, and one of them shall write the book on his behalf, indicating the year, month and day, and shall be signed by himself.
Signature of the writer, other witnesses and testator.
If a will is made by recording, there shall be two or more witnesses present.
A testator may make an oral will in an emergency. An oral will shall be witnessed by two or more witnesses. dangerous
After the state of emergency is lifted, if the testator can make a will in written or recorded form, the oral will made is invalid.
Article 18 The following persons cannot be witnesses to the will:
(a) a person with no capacity or with limited capacity;
(2) Heirs and legatees;
(3) People who have an interest in the heirs and legatees.
Article 19 A will shall reserve a necessary share of the inheritance for heirs who lack the ability to work and have no source of income.
Article 20 A testator may revoke or change his will.
There are several wills. In case of conflict, the last will shall prevail.
A notarized will may not be revoked or changed if it is written by myself, written by others, recorded or dictated.
Article 21 Where there are obligations attached to the inheritance or bequest of a will, the successor or legatee shall perform the obligations. no
If the decedent fails to perform his obligations for justified reasons, the people's court may, at the request of the relevant unit or individual, cancel his qualification to accept inheritance.
That's right.
Article 22 A will made by a person with no capacity or with limited capacity is invalid.
A will must express the true meaning of the testator, and a will made by coercion or deception is invalid.
Forged wills are invalid.
If the will is tampered with, the tampered contents are invalid.
Chapter IV Disposal of Legacy
Article 23 After the beginning of inheritance, the heir who knows the death of the decedent shall promptly notify other heirs and legatees.
Ask the executor. If the heir did not know the decedent's death or knew the decedent's death without notifying him, the heir shall inherit it.
The residents' committee or villagers' committee where the unit or household registration is located is responsible for the notification.
Article 24 The inheritor of the estate shall take good care of the estate, and no one may occupy or rob it.
Twenty-fifth after the beginning of inheritance, if the heir renounces inheritance, he shall make a form of renouncing inheritance before the disposal of the estate.
Show. If there is no indication, it is regarded as accepting inheritance.
The legatee shall, within two months after knowing the legacy, make an indication of accepting or giving up the legacy. There is no expired table.
Show, as a waiver of legacy.
Twenty-sixth all the property owned by husband and wife during the marriage relationship, unless otherwise agreed, such as
If the estate is divided, half of all the property of * * * will be given to the spouse first, and the rest will be the estate of the decedent.
If the inheritance is in the family-owned property, when the inheritance is divided, the property of others should be divided first.
Article 27 Under any of the following circumstances, the relevant part of the will shall be handled in accordance with legal succession:
(1) The testator abandons the inheritance or the legatee abandons the legacy;
(2) The testator loses the right of inheritance;
(3) The testator or legatee dies before the testator;
(4) the legacy involved in the invalid part of the will;
(5) Untreated inheritance in the will.
Article 28 When the estate is divided, the share of inheritance of the fetus shall be reserved. The fetus died at birth. Keep it.
Share shall be handled according to legal inheritance.
Article 29 The division of an estate shall be conducive to the needs of production and life, and shall not damage the utility of the estate.
An estate that is not suitable for division may be disposed of in the form of discount, appropriate compensation or possession.
Article 30 A spouse who remarries after death has the right to dispose of the inherited property, and no one may interfere.
Thirty-first citizens can sign a legacy support agreement with their supporters. According to the agreement, the supporter should bear the life of the citizen.
The obligation to support the dead and be buried and the right to be bequeathed.
Citizens can sign a legacy support agreement with collective ownership organizations. According to the agreement, collective ownership organizations undertake citizens.
The obligation to be born, raised and buried, and the right to be bequeathed.
Article 32 An inheritance without inheritance or bequest belongs to the state. The deceased was a group.
Members of ownership organizations belong to their collective ownership organizations.
Article 33 Inheritance shall pay off the taxes and debts payable by the decedent according to law, and conduct tax settlement.
The repayment of debts is limited to the actual value of his property. The part exceeding the actual value of the estate shall be voluntarily repaid by the heir.
If the heir renounces inheritance, he may not bear the taxes and debts that the decedent should pay according to law.
Article 34 The execution of bequest shall not hinder the settlement of taxes and debts that should be paid by the bequest according to law.
Chapter V Supplementary Provisions
Article 35 The people's congresses of ethnic autonomous areas may, in accordance with the principles of this Law, combine local ethnic property.
The specific circumstances of inheritance, formulate flexible or supplementary provisions. The provisions of the autonomous region shall be reported to the NPC Standing Committee.
Members will put it on record. The provisions of an autonomous prefecture or autonomous county shall take effect after being approved by the standing committee of the people's congress of the province or autonomous region, and shall be reported to the NPC Standing Committee for the record.
Article 36 China citizens shall inherit the heritage outside People's Republic of China (PRC) or within People's Republic of China (PRC).
The law of the decedent's domicile shall apply to the inheritance and movable property of foreigners, and the law of the place where the immovable property is located shall apply to immovable property.
Foreigners inherit in People's Republic of China (PRC) or China citizens inherit outside People's Republic of China (PRC).
The law of the decedent's domicile shall apply to the estate and movable property, and the law of the place where the immovable property is located shall apply to the immovable property.
People's Republic of China (PRC) has treaties or agreements with foreign countries, which shall be handled in accordance with the provisions of the treaties or agreements.
Article 37 This Law shall come into force as of1June 985+1 year1October.