Relatives take wills to divide the old mans property and find that the property has been transferred to the nanny

category:Society
 Relatives take wills to divide the old mans property and find that the property has been transferred to the nanny


It is understood that Chen Bo, the elder brother of Chen, has no children and his wife died early. Before his birth, Chen Bo signed a legacy agreement with the nanny, stipulating that the nanny should be responsible for Chen Bos life and death. Chen Bo donated his real estate to the nanny. Aunt Chen has a will written by Chen Bo many years ago. At that time, Chen Bos last wish was to share the property equally with his brothers and sisters. When Aunt Chen and her brothers and sisters want to go through the formalities of inheriting Chen Bos real estate, they find that the real estate has been transferred to the name of nanny.

Huang Qiming, a lawyer in Beijing Yingke (Guangzhou) law firm, said that the legacy maintenance agreement is an agreement between the legator and the dependant on the obligation of the dependant to bear the life, support and death of the legator, and the legator will transfer his own property to the dependant after his death. Generally, the dependants are the relatives, neighbors or other relatives and friends of the legator who have no legal obligation to support the legator. The legal effect of legacy support agreement is higher than that of legal inheritance and testamentary inheritance. The effect of the notarized legacy agreement is better than that of the self written will. The nanny has the right to go through the real estate transfer procedures after Chen Bos death. However, the agreement only stipulates that Chen Bos house property is bequeathed to the nanny, and does not involve other heritage of Chen Bo. Chen Bo has no children and no daughter. His wife and parents died earlier than Chen Bo. In the absence of the first successor, Chen Yi and other brothers and sisters, as the second successor of Chen Bo, can still inherit other inheritance of Chen Bo, such as bank deposit, pension, etc.

Relevant legal provisions:

Article 5 of the inheritance law. After the commencement of succession, it shall be handled in accordance with legal succession; if there is a will, it shall be handled in accordance with testamentary succession or legacy; if there is a legacy support agreement, it shall be handled in accordance with the agreement.

(function() {(window. Slotbydup = window. Slotbydup| []). Push ({ID: 6374560, container: ssp_, size: 300250, display: inlay fix, async: true});)) (); Article 10 scope and order of inheritors. Inheritance shall be carried out in the following order: first, spouse, children and parents. The second order: brothers and sisters, grandparents, grandparents. After the beginning of succession, the successor in the first order shall inherit, while the successor in the second order shall not. If there is no successor in the first order, the successor in the second order shall inherit. The term children as used in this Law includes children born in wedlock, children born out of wedlock, adopted children and stepchildren who have a relationship of support. Parents as mentioned in this Law include birth parents, adoptive parents and step parents who have a relationship of support. Brothers and sisters mentioned in this Law include brothers and sisters of the same parents, brothers and sisters of the same or different parents, foster brothers and sisters, and stepbrothers and sisters who have a relationship of support. Article 5 of the opinions of the Supreme Peoples Court on Several Issues concerning the implementation of the Inheritance Law: if a legacy support agreement is made with another person before the decedents life and a will is made at the same time, after the beginning of inheritance, if there is no conflict between the legacy support agreement and the will, the inheritance shall be handled according to the agreement and the will respectively; if there is conflict, it shall be handled according to the agreement, and all or part of the will that conflicts with the agreement shall be handled according to the agreement The score is invalid. Source: jinyang.com Author: Zhang Yuqin editor in charge: Han Jiapeng GUI nn9841

Article 10 scope and order of succession. Inheritance shall be carried out in the following order: first, spouse, children and parents. The second order: brothers and sisters, grandparents, grandparents. After the beginning of succession, the successor in the first order shall inherit, while the successor in the second order shall not. If there is no successor in the first order, the successor in the second order shall inherit. The term children as used in this Law includes children born in wedlock, children born out of wedlock, adopted children and stepchildren who have a relationship of support. Parents as mentioned in this Law include birth parents, adoptive parents and step parents who have a relationship of support. Brothers and sisters mentioned in this Law include brothers and sisters of the same parents, brothers and sisters of the same or different parents, foster brothers and sisters, and stepbrothers and sisters who have a relationship of support.

Article 5 of the opinions of the Supreme Peoples Court on Several Issues concerning the implementation of the Inheritance Law: if a legacy support agreement is made with another person before the decedents life and a will is made at the same time, after the beginning of inheritance, if there is no conflict between the legacy support agreement and the will, the inheritance shall be handled according to the agreement and the will respectively; if there is conflict, it shall be handled according to the agreement, and all or part of the will that conflicts with the agreement shall be handled according to the agreement The score is invalid.