Recently, in the form of notarized bequest, Suzhou's nearly 80 year old uncle Jia presented a set of real estate to his nanny who had taken care of him for many years. Uncle Jia has a son and a daughter. He seldom has time to accompany the old man. The nanny takes good care of him all the time. According to reports, the market price of the real estate involved exceeds one million yuan. At present, the children of the elderly do not know.
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The only child who does not make a will or cannot inherit in full
In recent years, inheritance disputes are increasing. Tao Jianying believes that on the one hand, this phenomenon reflects the collision of family affection, morality, law and many other aspects in today's society, and also reflects three misunderstandings of citizens in using wills to deal with property.
Old people with only one child need to make a will?
Misunderstanding: many old people think that there is only one doll, the property will be his sooner or later, and there is no need to make a will.
Lawyer: Tao Jianying said that this concept may affect property inheritance. Article 10 of the inheritance law stipulates that inheritance shall be carried out in the following order: first, spouse, children and parents. The second order: brothers and sisters, grandparents, grandparents. That is to say, if the old man dies before his father or mother, the only child's grandfather or grandmother or grandfather or grandmother will participate in the inheritance.
Therefore, if the elderly do not make a will in advance, for the only child, the share of inheritance that should have been inherited will be reduced passively; for the elderly, personal property can not be inherited according to their own wishes.
Is it effective for the children to disagree with the old man's will?
Misunderstanding: many old people have the idea that if their children do not accept the will scheme, it is useless to write a will.
The lawyer said: Tao Jianying believes that a will is the act of the testator to dispose of his personal property. As long as the will is the expression of his true intention and the content is legal and valid, the will is valid. The consent of the heir is not required to make a will. Whether the will is effective or not has nothing to do with whether the heirs accept the contents of the will.
Can't you make a will without all your children?
Misunderstanding: among the old people who go to the will bank for consultation, many of them feel that they can't make a will because their children are all over the world and it's hard to get together.
The lawyer said: Tao Jianying said that children are not required to be present in making a will, and they do not have to be informed in advance. But in succession, all successors should be present. Of course, at this time, if some heirs can not be present in person due to various factors, they can also entrust others. For example, to issue a power of attorney and entrust someone to handle succession matters on his behalf. Of course, this kind of power of attorney is best notarized.