Civil Code of the People's Republic of China (Practical Edition)

Author: State Council Legal Office
Publisher:
Publish Date: 2006-07-01
Features: Inheritance refers to the legal system where personal property legally owned by a natural person is transferred to others after their death. In China's Inheritance Law, three systems are stipulated for transferring the property and other legitimate rights of the deceased to others: statutory inheritance, testate inheritance, and legacy. In addition to inheriting property according to statutory inheritance orders and shares, citizens can also dispose of their personal property through making a will. Wills can take five forms: notarized will, self-written will, witnessed will, audio will, and oral will. Among these, the notarized will has the highest legal effect. According to the Inheritance Law, when handling disputes related to testate inheritance, the first step is to determine whether the will is genuine and legal. Disputes over inheritance orders in statutory inheritance should be resolved in accordance with the provisions of the Inheritance Law on statutory inheritance orders. Disputes over inheritance shares should prioritize the needs of minors and those without labor capacity, uphold the principle of gender equality, consider the obligations the heir fulfilled for the deceased, and take into account the actual living conditions of the heir. This book covers content such as the Inheritance Law of the People's Republic of China, the Supreme People's Court's Implementation Measures for the Inheritance Law of the People's Republic of China, and the Detailed Rules for Notarization of Wills.