[Direct answer]In the Beijing area, in the case of statutory inheritance, children and parents are first-order heirs, and there is no issue of who comes first or later. In principle, they participate in the inheritance simultaneously and in equal shares; however, the shares of heirs in the same order are generally equal. Those who have fulfilled the main obligation of supporting the decedent or lived with him/her may receive a larger share, while those who have not fulfilled their obligations may receive a smaller share or no share at all. According to Article 1127 of the Civil Code of the People's Republic of China, the first-order heirs are the spouse, children, and parents. If there is a legal and valid will, the inheritance shall be executed in accordance with the will first. It is recommended to first clarify whether there is a will and the scope of heirs. For more details, please refer to the relevant provisions.Inheritance succession and family property division services.

1. Problem background and typical scenarios

The parties often ask, "Who gets the inheritance first, parents or children?" and "Do children take precedence over parents?". Typical scenarios include: when the decedent dies, the children want to monopolize the inheritance and exclude their elderly parents; or when one parent is still alive and the other dies while the grandparents are still alive, leading to intergenerational inheritance. Many people misunderstand the order of inheritance and mistakenly believe that direct descendants must take precedence. In practice, there is a parallel relationship within the first order, and the key lies in whether there is a will and the adjustment of shares. For real estate inheritance, it can be combined with other factors.Property sales and construction project servicesVerify the ownership rights.

II. Key points of contention

The focus of the dispute centers on three points. Firstly, the order of succession: spouses, children, and parents are all first-order heirs, with no distinction in priority. Secondly, the adjustment of shares: those who fulfill their main duty of support or live together with the decedent can receive a larger share, while those who have the ability to support but fail to fulfill their obligations will receive a smaller share or no share at all. Thirdly, the priority of wills: when there is a legal and valid will, the inheritance shall be distributed according to the will, and the statutory order of succession shall be relegated to a supplementary role. In the judicial practice of Beijing courts, the determination of support facts has become increasingly detailed, with factors such as cohabitation and medical care affecting the distribution of shares. Where there is an intertwining of family jointly owned property, reference can be made to relevant provisions.Inheritance succession and family property division services.

III. Professional analysis by Hengluo Law Firm

Take the inheritance dispute case handled by our firm as an example: The decedents, Mr. Wang Dashan and Mrs. Liu Shufen, passed away. Their son, Mr. Wang Zhihai, held the printed will of Mr. Wang Dashan in 2008 and the notarized will of Mrs. Liu Shufen in 2019, claiming that all the inheritance should be inherited by him. Mr. Wang Zhichuan entrusted Attorney Li Yonghui of Beijing Henglu Law Firm to represent him, arguing that the will was invalid and the inheritance should be divided according to the statutory succession. The attorney accurately refuted the formal defects of the printed will and the issues of the disposal authority and legal capacity in the notarized will. After the trial, the court adopted some of the core opinions: the printed will of Mr. Wang Dashan was invalid, and the notarized will of Mrs. Liu Shufen could only dispose of her own share. Mr. Wang Zhichuan retained one-eighth share of each of the two houses and the pension in cash. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is Article 1127 (Range and Order of Heirs), Article 1130 (Principle of Share Allocation), and Articles 1135 and 1136 (Forms of Holographic and Printed Wills) of the Civil Code of the People's Republic of China (effective January 1, 2021). Practical advice: First, verify whether there is a will and whether its form is legal; clarify the list of first-order heirs (spouse, all children, parents); collect evidence of support and cohabitation to claim a larger share; and raise objections to wills with formal defects in a timely manner. For matters involving property shares, relevant evidence may be collected in conjunction with other legal documents.Creditor-debtor relations and enforcement case servicesHandle the transfer of ownership and the execution of the contract.

5. Hengluo Law Firm's Reminder

Children and parents are legally on the same first-order of inheritance. Don't be misled by the misunderstanding that "seniority takes precedence". If there is a will, the validity of the will should be reviewed first; if there is no will, the legal inheritance should be followed; the share of inheritance is not absolutely equal, and the circumstances of support will be taken into account. It is recommended to fix the kinship and supporting evidence as soon as possible, and to claim in time if there are disputes over the form of the will. Don't dispose of all the estate by yourself, which may cause family conflicts. If you need professional support, you can seek help from a lawyer.Special services and other case services.

VI. Frequently Asked Questions

Q1: Who inherits first, the children or the parents? Can I keep my share of the inheritance?

Children and parents are first-order heirs, and there is no priority in terms of share allocation. Your statutory share as a child or parent is protected by law and is generally equal. Whether you can retain and claim a larger share depends on whether there is a will and whether you have fulfilled your main support obligations and lived with the decedent. If there is no will and you have fulfilled your main support obligations, you can claim a larger share. If the will has formal defects, you can challenge its validity and revert to statutory inheritance. It is recommended to first confirm the validity of the will and the scope of heirs, and then evaluate your claim, rather than assuming victory or defeat in advance.

Q2: What evidence is needed to prove that one should get more or less points?

Suggested preparations: proof of kinship (household registration booklet, birth certificate, marriage certificate); proof of the decedent's death; certificates of inheritance rights (real estate, deposits, equities); evidence of support and cohabitation (record of living together, medical expense receipts, care certificates, witness statements from neighbors); if there is a will, prepare evidence of its formal defects (lack of signature, lack of witnesses, incomplete date). The materials should be organized around the "range of heirs" and "circumstances of adjusting shares", and the more complete the materials are, the more conducive they will be to claiming a larger share or defending against claims.

Q3: How much does it generally cost to hire a lawyer for an inheritance dispute?

The attorney's fees are negotiated between the law firm and the client. For cases involving inheritance, it is common to charge on a contingency basis or based on a percentage of the estate value. For cases involving marriage and inheritance, risk-based representation is prohibited by law. The specific fees shall be subject to the terms of the engagement contract, and there is no nationwide standard pricing. For cases involving large-value real estate, fees are calculated on a pro rata basis. Other fees may include litigation fees, preservation fees, and appraisal fees. It is recommended to request a detailed fee breakdown, clarify the stages of representation and third-party fees, and then weigh the costs against the potential share of the estate to avoid accepting cases at low fees only to increase charges during the process.

Q4: How long does it usually take from confirming the heirs to completing the division of the estate?

It is faster to negotiate or notarize the inheritance without disputes; for litigation, the first-instance ordinary procedure takes six months and the summary procedure takes three months to conclude, and the appraisal of the validity of the will will be extended. If there are multiple sets of real estate to be appraised and the heirs are scattered, it will take even longer. It is recommended to fix the list of heirs and the clues to the inheritance at the early stage of the dispute, and to apply for preservation of the assets that are being transferred. Generally, it often takes several months from filing a lawsuit to division of the estate, and the appraisal of the will and the evaluation are the main variables.

Q5: If I discover that the inheritance has been monopolized by one of the heirs, what should I do first?

There are four steps of advice: First, confirm whether there is a will and review its form, and raise objections if there are any flaws; Second, sort out the list of first-order heirs and the proof of kinship; Third, collect evidence of one's own support and cohabitation to claim a larger share, or evidence of the other party's failure to fulfill their obligations to claim a smaller share; Fourth, if no agreement can be reached, sue in time and apply for preservation of the disputed property. Throughout the process, keep communication and ownership evidence, and if necessary, hire a lawyer to coordinate the effectiveness of the will and the claim for shares.

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 Henglu 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 Hengluo 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.