[Direct answer]Generally, this is not possible. The right of residence is a usufructuary right established for the living and accommodation needs of specific natural persons, which has a strong personal exclusivity. According to the law, the right of residence cannot be transferred or inherited; if the right holder dies, the right of residence will be extinguished. Therefore, the right of residence itself cannot be inherited by the heirs as part of the estate. There are two situations that need to be distinguished: First, after the right holder dies, his heirs cannot claim to continue to enjoy the right of residence, but the relevant personnel should handle the cancellation registration in a timely manner; Second, if the ownership of the house and the right of residence are arranged as a whole by will or agreement, the heirs inherit the ownership of the house, and the existence of the right of residence will still be handled in accordance with the agreement and the law (unless otherwise agreed by the parties or provided by law).

I. Problem background and typical scenarios

When elderly people remarry or their children divide family property, they often use the arrangement of "the house belongs to you, and let your spouse live there until they die" to balance emotions and property. After the elderly pass away, disputes often arise among the heirs about whether this right of residence can be passed down: some argue that the right of residence should be enjoyed by the heirs along with the house, while others demand eviction. The right of residence is a new legal system that has only been included in laws in recent years. Understanding its exclusivity is essential to avoid treating "residence" as a property right that can be freely inherited.

II. Key points of dispute

First, whether the right of residence can be inherited as an estate. Second, the relationship between the right of residence and the ownership of the house. Third, the legal consequences after the right of residence is extinguished. Fourth, the effectiveness and operation of establishing the right of residence by will.

III. Professional analysis by Henglue Lawyers

Firstly, the legal nature of the right of residence: The right of residence is a usufructuary right to occupy and use a dwelling and its ancillary facilities owned by others, with the aim of meeting living and accommodation needs. Its establishment requires a written contract and registration, and it takes effect upon registration. It is attached to a specific person, rather than a property right that can be freely transferred or inherited like real estate. Secondly, the inheritance rules explicitly exclude transferability and inheritance: The law directly stipulates that the right of residence cannot be transferred or inherited. When the term of the right of residence expires or the right holder dies, the right of residence is extinguished, and the registration of cancellation must be completed promptly. Therefore, the expectation of "leaving the right of residence to children" is usually unrealizable. Thirdly, distinguishing from ownership: Heirs can inherit the ownership of the house, but for houses with established rights of residence, the owner is bound by the registered right of residence. Conversely, after the right holder dies, the right of residence is extinguished, and the owner's disposition rights are fully restored. Fourthly, establishing the right of residence by will: The law allows the establishment of the right of residence by will, subject to the relevant provisions for contract establishment. If one wishes to preserve the living benefits for others after their death, they should specify the subject, term, scope, and cancellation arrangements of the right of residence in a will or agreement, and register it as much as possible to avoid difficulties in proving "oral promises" in inheritance disputes. In practice, a common misunderstanding is writing the intention of "letting someone live there forever" in a will without registration, which ultimately leads to legal disputes due to unclear ownership rights.

IV. Practical suggestions and legal basis

First, distinguish between "residential arrangements" and "inheritance of ownership" and avoid confusing them. Second, for establishing a right of residence, sign a written contract and register it, specifying the term and scope. Third, if the right of residence is established by a will, state the resident, term, scope of the house, and arrangements for cancellation. Fourth, after the resident of the right of residence dies, promptly handle the cancellation registration of the right of residence to avoid affecting the disposition of the house. Main legal basis: Articles 366 to 371 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding the right of residence, where Article 369 stipulates that the right of residence cannot be transferred or inherited, Article 370 stipulates that the right of residence is extinguished upon the expiration of the term or the death of the resident, and Article 371 stipulates that the relevant provisions shall apply mutatis mutandis to the establishment of the right of residence by will; the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

Three key points about residential rights: Residential rights cannot be transferred or inherited; they are extinguished upon the death of the right holder and cannot be divided as part of the estate. If you want to leave the residential benefits to someone, you need to add a will and register it, rather than just making verbal promises. Ownership can be inherited, but the disposition of a house with a pre-existing residential right is subject to restrictions. For matters involving residential rights and property inheritance, you can seek legal advice through the following channels:Inheritance of property and division of family assetsThe service provides a comprehensive solution, which can be combined with the purchase and transfer of real estateReal estate transactions and construction projectsFor reference, you can check the sections related to family affairs and marital property in the divorce agreement templateDivorce litigation and family disputesFor columns involving special handling, you can consult us for further assistanceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can the right of residence be inherited as part of an estate?

No. The right of residence cannot be transferred or inherited. If the right holder dies, the right of residence will be extinguished.

Q2: Who will own the house after the right of residence holder passes away?

After the right of residence is extinguished, the ownership of the house is restored in its entirety, and the owner or his/her heirs shall enjoy the right to dispose of it in accordance with the law.

Q3: Can a testament be used to grant a right of residence to others?

Yes, you can establish a right of residence by means of a will, and handle it in accordance with relevant regulations. It is recommended to specify the subject, the term, and the scope, and to register it accordingly.

Q4: Does the right of residence require registration?

It's necessary. The right of residence is established upon registration, and registration can clarify the scope of rights and reduce disputes.

Q5: Can a house with a right of residence be sold?

The seller may impose penalties, but the buyer must be bound by the registered right of residence. The right of residence will be extinguished after the death of the right holder or the expiration of the term.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits. →Legal services for inheritance·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.