1April 1985 10 was adopted at the third session of the Sixth National People's Congress.
catalogue
Chapter I General Principles
Chapter II Legal Succession
Chapter III Testamentary Succession and Legacy
Chapter IV Disposal of Legacy
Chapter V Supplementary Provisions
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).
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, if the successor is allowed to continue contracting according to law, 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; If there is a legacy support agreement, it shall be handled in accordance with 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.
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 day when the successor knows or should know that his rights have been infringed. 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. If there is no successor in the first order, it is 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 referred to in this Law include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters and 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 in subrogation 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 takes her father-in-law and her mother-in-law as the first heirs, and a widowed son-in-law takes her father-in-law and her mother-in-law as the first heirs.
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 those who depend on the support of the decedent, those who have no ability to work and no source of income, and those who have more supporters than heirs, they can inherit appropriately.
Article 15 Heirs shall handle the issue of inheritance through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity. The time, method and share of estate division shall be determined by the heirs through consultation. If negotiation fails, the people's mediation committee may mediate or bring a lawsuit to the people's court.
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 others to write on behalf of others shall be witnessed by two or more witnesses, and one of them shall write on behalf of others, indicating the year, month and day, and shall be signed by the agent, other witnesses and the 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. After the 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. If a person fails to perform his obligations without justifiable reasons, the people's court may, at the request of the relevant unit or individual, cancel his right to accept inheritance.
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 succession begins, the heir who knows the death of the decedent shall promptly notify other heirs and the executor. If the heir does not know the decedent's death or knows the decedent's death and can't notify him, the residents' committee or villagers' committee of the unit where the decedent worked before his death shall be responsible for notifying him.
Article 24 The inheritor of the estate shall take good care of the estate, and no one may occupy or rob it.
Article 25 If the successor renounces the inheritance after the inheritance begins, he shall make a renunciation before the disposal of the inheritance. 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. If it is not handled at maturity, it will be regarded as giving up the inheritance.
Article 26. Unless otherwise agreed, when the husband and wife divide the estate, they should first give * * * and half of all the property to the spouse, and the rest to the decedent for inheritance.
If the inheritance is in the family-owned property, when the inheritance is divided, the property of others should be divided first.
Twenty-seventh in any of the following circumstances, the relevant part of the estate shall be handled in accordance with the statutory inheritance:
(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. If the fetus dies at birth, the reserved share shall be handled in accordance with 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 undertakes the obligations of citizens' birth, support and burial, and enjoys the right of bequest.
Citizens can sign a legacy support agreement with collective ownership organizations. According to the agreement, the collective ownership organization undertakes the obligations of citizens' birth, support and burial, and enjoys the right of bequest.
Article 32 An inheritance without inheritance or bequest belongs to the state. If the deceased was a member of a collective ownership organization before his death, it belongs to the collective ownership organization to which he belongs.
Article 33 When inheriting an estate, the decedent shall pay off the taxes and debts that should be paid according to law, and the payment of taxes and debts shall be limited to the actual value of the estate. 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 and in light of the specific circumstances of the inheritance of local ethnic property, formulate flexible or supplementary provisions. The provisions of the autonomous region shall be reported to the NPC Standing Committee for the 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.
Thirty-sixth China citizens inherit the heritage outside People's Republic of China (PRC) or the heritage of foreigners in People's Republic of China (PRC). The law of the decedent's domicile applies to movable property and the law of the real estate.
When foreigners inherit the heritage in People's Republic of China (PRC) or the heritage of China citizens outside People's Republic of China (PRC), the law of the decedent's domicile shall apply to movable property and the law of 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 of 1985 10/0/day.