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In the Law of Succession of China, inheritance is divided into two areas: inheritance according to a will, so called “testamentary succession”; and inheritance without a will, so called “statutory succession”. A partial testamentary succession occurs where a will only covers part of the inheritance. The portion of the estate of the decedent that is under a will is dealt with according to the will's instructions, and the portion that is not covered by the will is dealt with as a statutory succession. All successions, whether statutory succession, testamentary succession, or partially testamentary succession, are subject to a claim under the Marriage Law by the surviving spouse, where the net family property of the deceased spouse is greater than that of the surviving spouse. Simply put, if a person has a will, they may include or exclude anyone they wish, subject to the spouse's claim under the Marriage Law or to the claims of dependants for support from the estate.
In case of statutory succession, the estate of the decedent shall be inherited in the order, which spouse, children, parents are first in order; brothers and sisters are second; paternal grand parents, maternal grandparents are third. When succession opens, the successor (s) first in order shall inherit to the exclusion of the successor (s) second in order. The successor(s) second in order shall inherit in default of any successor first in order.
In addition, “legacy” in the Law of Succession of China denotes that the estate of the decedent is bequeathed to the country, or an organization or an individual who is not one of the statutory successors. Moreover, a person may enter into a “legacy-support agreement” with a person or an organization under collective ownership who in accordance with the agreement, assumes the duty to support the former in his or her lifetime and attends to his or her interment after death, in return for the right to legacy.
Inheritance obviously is another difficult and complicated area of China family law. You certainly need to seek legal consultant in term of constructing a will or a legacy-support agreement or resolving inheritance disputes. Our professional advices and job will ensure your last will shall be executed and the interests of your loved ones shall be protected by the law and our professional team. |
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