To determine whether an inheritance lawyer is reliable, one should verify their professional qualifications and experience in similar cases. Inheritance disputes are decided based on evidence, the formal requirements of wills, and the application of the law. The lawyer does not guarantee the outcome of the case.
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China has not yet introduced an inheritance tax; legal heirs are exempt from paying deed tax when inheriting property rights, and there is no personal income tax imposed on legal heirs when they acquire real estate. The focus of inheritance planning is on property rights confirmation, the form of wills, and the arrangement of trust structures.
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If there are disputes over the authenticity of a will, a judicial appraisal can be applied for, which must be submitted within a specified time limit and the fees must be paid in advance. The qualifications and scope of the appraisal institutions shall be reviewed, and a re-appraisal shall be applied for if there are procedural defects. A forged will shall be deemed invalid.
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Property inheritance should first involve the division of assets and then the partition: According to Article 1153 of the Civil Code, the couple's joint property shall first be divided, with one-half allocated to the spouse; for buying a house under someone else's name, it is necessary to prove the consent to do so, and merely providing funds does not equate to obtaining ownership.
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Notarized wills are no longer automatically given priority: after the implementation of the Civil Code, if several wills conflict with each other, the latest one shall prevail; for inheritance facts before January 1, 2021, the original inheritance law shall apply, and notarized wills shall still take precedence over other forms.
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For families with multiple children, the making of a will must comply with legal formalities and have clear content. A handwritten will must be written and signed by the testator himself/herself and dated. A will written by a proxy, printed, or recorded on video or audio requires at least two witnesses. If several wills conflict with each other, the latest one shall prevail.
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The heir shall pay off the decedent's debts within the actual value of the inherited estate and shall not bear the responsibility for repayment if he/she waives the inheritance; when dividing the estate, the taxes and debts shall be paid off first.
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Not fulfilling one's duty of support does not necessarily result in the loss of the right of inheritance. Only in cases of severe abandonment or abuse will the right of inheritance be lost. In general, when distributing the inheritance, the share should not be divided or should be divided in a smaller amount. The party claiming the inheritance must provide evidence to support their claim.
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Whether the insurance money is considered part of the estate depends on whether a valid beneficiary has been designated. If there are no beneficiaries, or if the beneficiaries die before anyone else and there are no other beneficiaries, the insurance money will be treated as part of the estate and be acquired by the heirs.
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The right of custody should not be biased towards either gender, and it should be determined based on the principle that is most beneficial to the minor children: children under the age of two should generally be raised by their mothers directly, and children over the age of eight should be respected for their true wishes.
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Marriage and family legal services cover matters such as divorce, child custody, property division, inheritance and division of assets, and protection against domestic violence, and the target audience goes far beyond couples who are currently in the process of divorce.
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Before marriage, buying a house with a full down payment is usually considered personal property. Adding the spouse's name to the property ownership certificate is equivalent to a gratuitous gift and the property becomes jointly owned. If the spouse's name is not added, it will not affect the couple's post-marital living arrangements. However, if they decide to add the spouse's name, they can sign...
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The court attaches great importance to the principle that is most beneficial to minor children: children under the age of 2 are generally with their mothers, and children over the age of 8 are respected for their wishes. The court focuses on examining the actual care situation, the stability of their lives, and the conditions of both parents for raising the children.
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If one party conceals property, it can be identified through lawyer's investigation and evidence collection and court investigation procedures. According to Article 35 of the Lawyers Law, Article 67 of the Civil Procedure Law, and Article 67 of the Law on the Protection of Women's Rights and Interests, the concealing party may receive a smaller share or no share of the property.
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The man does not have a natural disadvantage in seeking custody rights: children under the age of 2 are generally with their mothers, and custody is determined based on what is in the best interests of the minor child after the child reaches the age of 2. Once the child reaches the age of 8, the child's true wishes must be respected.
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