Can an heir be appointed? Can I not give my spouse an estate?

The regulations on inheritance rights are a bit complicated, but in fact, through simple charts, ordinary people can easily understand the logic of inheritance . In fact, we are most concerned about who has the right to inherit and how much money the heirs can distribute. All of these are stipulated in In civil law, as long as the other party does not make another will , the inheritance is basically in accordance with the provisions of the civil law. Of course, if they do not want to inherit according to the law, the inheritors can also agree on how to distribute them, but there are some restrictions, such as not being able to inherit. Intentional non-inheritance due to debts .

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What happens when the estate is distributed without a will?

When a relative dies, in the absence of a will, in principle, the inheritance is based on the order of inheritance and distribution ratio stipulated by law, which is the so-called "succession". If one of the first in line abandons the inheritance , he does not inherit The portion received, the law will distribute to the heirs in the same order in the same proportion. That is to say, unless the first line of succession is abandoned , or there is no first line of succession, it is the turn of the second line of succession to inherit. , (*The heir has passed away and may be inherited by the children of the heir by subrogation.)

 Article 1144 of the Civil Code stipulates: "Spouses have the right to inherit each other's estates, and their divisions shall be determined in accordance with the following paragraphs: 1. If they share the same inheritance as the first-order heirs specified in Article 1138, their The inheritance shall be divided equally with other heirs. 2. When the heirs in the second or third order as specified in Article 1138 share the same inheritance, they shall be divided into half of the inheritance. When the heirs in the fourth order stipulated in Article 1138 share the same inheritance, they shall be divided into two-thirds of the estate. 4. There is no first order to fourth order stipulated in Article 1138. In the case of the heir, it shall be divided into the whole of the estate.”

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Can an estate be given to a friend, or to appoint an heir?

If the decedent has left a will , you need to pay special attention to the so-called "special reserve" in the law. No matter who you want to give a little more of your inheritance, or even all of it to a friend who is not related by blood, you must keep a special reserve. To the original legal heir , the distribution method of the special reserved shares is the same as that of the inheritance, and the distribution ratio is half or 1/3 of the inheritance. So if your daughter could have gotten 600,000 inheritance, if you want to make a will to give the property to someone else or give more to your son, you must keep at least 300,000 to your daughter according to the special rules.

 Article 1223 of the Civil Code stipulates: "The special reserved points for the heirs shall be in accordance with the provisions of the following subparagraphs: 1. The special reserved points for the immediate blood relatives shall be one-half of their successor. 2. The special reserved points for the parents shall be It should be divided into 1/2. 3. The special reserved points of the spouse shall be divided into 1/2. 4. The special reserved points of brothers and sisters shall be divided into 1/3. Special points are reserved, and one-third of them should be continued.”

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Can I make a will not to give my spouse an estate?

Unless there are special reasons in line with the law, in principle, the spouse's special retention cannot be violated . In addition, the spouse has the right to request the distribution of the remaining property of the spouse before the distribution of the estate . The property of the spouse can be distributed before the distribution of the estate. It is suggested that you should not try to infringe on each other's rights and interests, but if you have any special reasons, such as domestic violence, affair , abandonment of children and other special situations, you can also call the free consultation hotline and ask How to deal with such methods as testamentary trust , so that your estate can be completely disposed of according to your wishes ,

 Article 2 of the Trust Law states: "Trusts, unless otherwise provided by law, shall be established by deeds or wills."
Article 46 of the Trust Law stipulates: "When the trustee appointed in the will refuses or cannot accept it, the interested person or the prosecutor may apply to the court for the appointment of the trustee. However, if the will provides otherwise, this is not the case."

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