[Direct answer]In the Beijing area, the right of inheritance will be forfeited, and the forgiveness system will not apply. According to Article 1125 Paragraph 1 Item 1 of the Civil Code of the People's Republic of China (effective January 1, 2021), if an heir intentionally kills the decedent, he will lose the right of inheritance, while the forgiveness system only applies to the situations described in Items 3 to 5. Whether the act is completed, attempted, or aborted may constitute a crime, and the determination of intentional homicide and judicial identification will be used as evidence; if justifiable defense, emergency avoidance, and other lawful grounds for avoiding responsibility are established, the loss of inheritance will not occur. The determination of this typically relies on the facts established through criminal proceedings; if the heir loses the right of inheritance, his or her children generally cannot succeed to the inheritance in their stead. If the donee intentionally kills the decedent, he or she will lose the right to receive the legacy. For more details, please refer to the relevant provisions.Legal services for inheritance and division of family assets.

1. Problem background and typical scenarios

In extreme family conflicts, some heirs harm the decedents out of hatred or to seize property, and other heirs ask: Can such people still inherit the estate? There are also situations where the harm attempt fails, is voluntarily stopped, or is recognized as self-defense. Family members argue endlessly about whether they can still retain their inheritance rights. The existence of inheritance rights not only affects the perpetrators themselves, but also involves whether the children who are also direct descendants of the younger generation can succeed to the inheritance on their behalf. Such incidents often trigger both criminal and civil procedures at the same time. The relevant criminal procedures can be referred to for reference.Criminal defense and criminal case filing services.

II. Key points of contention

There are five key points of controversy. First, the distinction between completed, attempted, and aborted crimes: The law evaluates the act of "intentional homicide", and completed crimes naturally constitute an offense; attempted and aborted crimes do not affect the legal nature of the act and may result in the loss of inheritance rights, which shall be determined based on the verified intentional homicide act and judicial findings. Second, the boundaries of unlawful preclusion: In cases of self-defense, emergency evasion, or lack of criminal responsibility, the perpetrating acts do not constitute unlawfulness or liability and do not trigger the loss of inheritance rights. Third, procedural coordination: Civil inheritance procedures typically refer to the facts determined by criminal procedures, but may also be independently determined based on verified evidence. Whether to wait for the criminal conclusion depends on the specific circumstances of the case. Fourth, the inapplicability of the forgiveness system: The first case is legislatively excluded from forgiveness, and since the decedent has already died, it is impossible for the decedent to express forgiveness in reality. Fifth, the impact on third parties: The mainstream view in judicial practice holds that substituted inheritance presupposes that the person being substituted for enjoys inheritance rights. If an heir loses inheritance rights due to intentional homicide of the decedent, his/her children cannot substitute for inheritance (Article 1128 of the Civil Code), and the arrangement of listing the heir as a beneficiary in the will will also be adjusted accordingly. Specific cases shall be governed by the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

The statutory inheritance case handled by Attorney Feng Na illustrates the rigidity of evidence and case evaluation in inheritance disputes. Liu Shunqiang died without leaving a will, and House No. 403 was a jointly owned asset of the couple, currently valued at 2.4 million yuan. Spouse Zhang Shufen claimed that the house should be hers and demanded that each of the three daughters pay her 300,000 yuan as a compensation; while Liu *1 argued that the compensation should be 1,200,000 yuan, citing oral promises from her parents to leave the house to her, two "Statements", and phone recordings as evidence. Attorney Feng Na represented Zhang Shufen and argued that the oral will lacked sufficient evidence and could not be used as a basis for distribution; the two "Statements" constituted a conditional gift, which could be revoked before the transfer of property rights; and she submitted evidence to prove that Liu *1 had behaved inappropriately towards Zhang Shufen during their cohabitation. The court determined that inheritance begins upon the death of the decedent and is handled according to statutory provisions. The couple's jointly owned property should first be divided equally among the spouses. Liu *1's oral claims were not accepted due to insufficient evidence, and the revocation of the gift was supported. At the same time, considering that Liu *1 provided more care for Liu Shunqiang, the court ruled in favor of a larger share. The rules of this case also apply to the most extreme scenarios: if it is claimed that an heir has lost the right of inheritance due to intentionally killing the decedent, there must be conclusive and sufficient evidence, usually based on facts established through criminal proceedings; whether the actions constitute justifiable defense or other exculpatory circumstances determines whether the right of inheritance is completely lost or unaffected. This case was handled by Beijing Henglu Law Firm.Feng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 1125 of the Civil Code of the People's Republic of China (effective January 1, 2021) (Loss of Inheritance Rights and the Forgiveness System) and Article 1128 (Subrogated Inheritance); the Interpretation (I) of the Inheritance Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court (effective January 1, 2021) regarding the loss of inheritance rights and subrogated inheritance; Article 232 (Intentional Homicide) and Article 20 (Self-Defense) and Article 21 (Emergency Avoidance) of the Criminal Law of the People's Republic of China. Action List: 1. Report the infringement to the police immediately and preserve the scene surveillance, autopsy, interrogation, and transcript materials; 2. Have other heirs elect an estate administrator or apply to the court for appointment to prevent the estate from being transferred or concealed; 3. Fix the facts simultaneously in criminal proceedings to prepare for civil identification; 4. Request confirmation of the loss of inheritance rights in inheritance litigation and handle the chain effects of subrogated inheritance and testamentary disposition. For more details, please refer to the full text.Criminal defense and criminal case filing services.

5. Henglue Law Firm's Reminder

Intentionally killing an heir is a double bottom line for both the law and family ties: the perpetrator not only bears criminal responsibility, but also completely loses the right of inheritance, with no room for forgiveness. The substituted inheritance of their children is usually also lost. No matter how deep the family conflicts are, they should be resolved through consultation, mediation, and legal means; a moment of impulsiveness not only destroys oneself, but also changes the entire family's inheritance pattern. When handling similar cases, it is recommended toBeijing Henglu Law FirmUnder the guidance of professional lawyers, first fix the evidence and clarify the procedures, and then confirm the inheritance qualifications and shares in accordance with the law.

VI. Frequently Asked Questions

Q1: If someone intentionally kills an heir, can the determination that they have lost their right of inheritance be established?

As long as it is verified that there is intentional homicide, whether it is completed, attempted, or aborted, the right of inheritance will be lost according to law, and the forgiveness system will not apply; if justifiable defense, emergency avoidance, and other legal excuses are established, or if there is no corresponding subjective intent, it will not constitute a loss situation. The determination is usually based on the facts verified by criminal procedures or truly sufficient evidence. The cases are subject to evidence and judicial determination, and no lawyer can guarantee victory or defeat unilaterally.

Q2: What evidence do we need to prepare for such cases?

The core materials include: criminal judgments or case filings, investigations, interrogation materials, autopsy reports and cause of death appraisals, on-site investigation transcripts, surveillance videos and photos, communication records and witness testimonies; for those claiming self-defense or emergency evasion, evidence of the ongoing nature of the corresponding unlawful infringements and the equivalence of the means used; proof of kinship and the scope of heirs; and an inventory of the estate. In civil proceedings, it is possible to apply for the retrieval of materials from criminal case files or to make claims based on verified evidence.

Q3: How much does it cost to handle such disputes?

The attorney's fees are determined through negotiation between the client and the law firm, and are charged either as a percentage of the subject matter or on a per-case basis, with no unified government pricing. The litigation fees are calculated according to the "Measures for the Payment of Litigation Costs", accumulated in stages based on the amount of the claim, and the successful party shares the fees proportionally. The costs of investigation and evidence collection, appraisal, and property preservation are charged separately. Criminal cases often involve lengthy procedural chains, which correspondingly increase costs. It is recommended to calculate these costs in advance.

Q4: How long will the entire process take?

The duration of criminal proceedings ranges from several months to several years, especially for serious cases such as intentional homicide. For civil inheritance litigation, the first-instance ordinary procedure takes six months and the simplified procedure takes three months. It usually requires a criminal conclusion or the verification of facts as a prerequisite, and the actual duration will be correspondingly prolonged. If no criminal case is filed or it is determined that there are circumstances precluding illegal acts, the civil procedure can proceed based on the verified evidence. Overall, such cases often take years to resolve, so it is advisable to fix the evidence as soon as possible.

Q5: What should I do first in this situation?

There are four steps to proceed with this: Firstly, immediately report the case to the police and cooperate with the investigation to preserve the scene and evidence materials; Secondly, other heirs should promptly elect a heritage manager or apply to the court for appointment, inventory and seal up the heritage to prevent its transfer or concealment; Thirdly, record the facts simultaneously in the criminal proceedings to prepare for civil identification; Fourthly, in the inheritance litigation, clearly put forward the request for loss of inheritance rights, and deal with the chain issues such as subrogated succession and testamentary disposition at the same time. If the procedures are complicated, it is advisable to engage a professional lawyer as soon as possible.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is 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. If you encounter disputes, please consult a practicing lawyer in time.