When dividing the inheritance, a share of the inheritance should be reserved for the fetus; if the fetus is stillborn at the time of delivery, the reserved share shall be handled in accordance with the statutory inheritance law and shall not belong to the fetus.
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The nephews and nieces can inherit in lieu of their parents (if their parents die before the decedent), or acquire the inheritance through a bequest. If the above conditions are not met, they do not have a direct right of inheritance. However, if they provide more support to the decedent, they may receive a share of the inheritance as appropriate.
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Subrogated succession refers to the situation where the children of the decedent are predeceased by the decedent and are succeeded by their younger direct blood relatives; transfer succession refers to the situation where the heir dies before the inheritance is divided after the inheritance begins, and the share of the inheritance is transferred to his/her heirs to be inherited by them.
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No. The proxy is one of the witnesses, and the heirs and those who have a vested interest in the inheritance are not allowed to act as witnesses. Otherwise, the will may be deemed invalid.
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A recorded audio or video will of must be witnessed by at least two witnesses. The testator and the witnesses should record their names or portraits and the date in the audio or video. Otherwise, it may be invalid.
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A joint will generally cannot be revoked unilaterally at will. When both parties are still alive, any changes to their own property must be determined in accordance with their agreement. In the event of conflicts between multiple wills, the latest one shall prevail.
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The validity of a joint will depends on its form and true intent: one party disposes of their share upon their death, and the other party's share takes effect upon their death. If there are formal defects in the will, some parts of it may be invalid.
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The family partition agreement must be genuinely signed by all right holders, and its content must not violate mandatory provisions or public order and good customs. It is more secure and effective to clearly state the subject matter and timely handle the change registration.
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Yes, provided that the parents of the nephews (the siblings of the decedent) die before the decedent and are legal heirs; in the case of a bequest, it shall be handled in accordance with the sixty-day acceptance period.
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Generally, aunts and uncles are not legal first- or second-tier heirs and do not have the right to inherit directly. However, if they provide significant support to the deceased, they may receive a portion of the inheritance, or they may receive a bequest according to the deceased's will.
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The cooling-off period is 30 days, during which either party may withdraw from the divorce. After the cooling-off period, both parties must attend the court to obtain the divorce certificate within 30 days. This period can be used to verify assets, prevent the transfer of assets, prepare child support materials, and secure legal protection in a timely manner.
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The ordinary procedure for custody litigation generally lasts six months, and the summary procedure lasts three months. If the first trial does not result in a divorce, the plaintiff must wait six months before filing another lawsuit. However, if the plaintiff collects evidence in advance, the litigation period can be shortened.
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The prenuptial agreement mainly stipulates property matters. Regarding the custody of children, the agreement does not preclude the court from reviewing it in accordance with the principle of what is most beneficial to the minor children. When it comes to divorce, the ultimate criterion will still be the interests of the children.
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A lawyer can assist in reporting the case to the police, obtaining evidence, applying for a personal safety protection order, representing the client in divorce custody and damage compensation cases, and, if necessary, pursuing civil or criminal charges. The validity of the protection order shall not exceed six months.
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For those with a fixed income, the alimony payment is generally set at 20% to 30% of their total monthly income. For those supporting more than two children, the alimony payment may be appropriately increased, but generally not exceeding 50%. The amount should be determined based on the needs of the children and the payer's ability to afford it.
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