What is a Bequest?

A bequest is a legal system in which a testator donates a part or all of his or her personal property to someone other than the state, collective, or legal successor after death. It is a way for a testator to prepare his estate by a will :. The person who bequeaths the property is called the bequest, and the person who inherits the bequest is called the beneficiary or the beneficiary. Derived from Roman Succession Law. It is now widely adopted by inheritance legislation in various countries and has become an important part of the will system. Legal characteristics: (1) It is a single-method legal act. As long as the content of the bequest is included in the will, it does not require the consent of the beneficiary to have legal effect. However, the bequest recipient may refuse to accept or abandon the bequest. After rejection or abandonment, the abandoned bequest will be prorated by other heirs. (2) The beneficiary can only be a natural person, and the beneficiary can be either a natural person or a legal person. However, the natural person acting as the beneficiary must be a person other than the legal heir. (3) It is a legal act after death. That is to say, the bequest that the bequest committed before his life will have legal effect only when he dies, and the beneficiary has the right to obtain the bequest specified in the will. (4) It is an unpaid legal act. The beneficiary can only bring some kind of property benefit to the beneficiary through the bequest. Only when the interest in the estate is greater than the debt, the beneficiary can give all or part of the estate to the beneficiary, so that the beneficiary can finally obtain the benefit. (5) No agency. The bequest must be expressed directly by the beneficiary in the form of a will. The "Inheritance Law of the People's Republic of China" provides for bequests: citizens can make wills to donate their personal property to people other than the state, the collective, or the legal heirs. The beneficiary shall make a clear statement of acceptance or abandonment within two months of knowing the bequest. If it is not expressly due, it shall be deemed as abandonment of the bequest. If the bequest recipient dies before the testator, the bequest is invalid. ^[1]

Citizens donate part or all of their inheritance to individuals or social organizations other than their legal heirs by means of a will, and legally take effect when the testator dies.

Set bequeathed person

The bequest is executed by the heir or executor entrusted by the beneficiary. The bequest can be conditional. Conditional bequests. When the heir has delivery of the bequest property, he may require the beneficiary to complete the conditions attached to the bequest. After receiving the property, the grantee will be bound by it and assume corresponding obligations. China's judicial practice is that for bequests with public welfare obligations, the beneficiaries should perform their obligations. If there is no legitimate reason for failure to perform the obligation, the relevant organization or

As a civil legal act, bequests must not only comply with the general requirements of legal acts, but also meet the special provisions of inheritance law. A valid will requires the following:

1. The testator must have full capacity when making a will.

2. The will shall be true, voluntary and legal, and the testator shall have the right to dispose of the property. The will shall retain the necessary share of the inheritance to the heirs who lack labor capacity and no source of living.

3. The beneficiary must exist and not die when the will takes effect.

In order for the bequest to have the expected legal effect, the beneficiary must express his intention to accept it within two months of knowing the bequest, otherwise it is deemed to be abandoned.

Effective Principles of Shariah

(1) "End of life" means suffering from a disease that directly leads to the death of the heir.

(2) The disease must be a disease that causes the patient to have a fear of death.

(3) Must be seriously ill with external signs. Although there are clear rules, it is sometimes difficult for a person to predict that he will die suddenly, so it is still difficult to determine when to make a will. Such disputes are usually decided by the Shariah court.

To apply for bequest of notarization, you must apply in person to the notary office in the place of domicile or bequest. You must not entrust others to act as agents, and you must submit corresponding materials. The editor below introduces in detail the matters for applying for notarization of bequest.

When applying for notarization of a bequest, the party must apply in person to the notary office at the place of domicile or where the bequest is performed, and should not entrust others to act as agents. If the party has difficulties in going to the notary office, the notary office may send a notary to the place of residence of the beneficiary to apply .

The following materials shall be provided for the bequest of bequest:

1. Identification of the beneficiary and the beneficiary;

2. If the beneficiary is a unit, provide the unit's qualification certificate, legal representative certificate and a copy of its ID card;

3.A draft bequest agreement;

4. Proof of ownership of the bequest property. Such as house property certificate, bank passbook, etc .;

5. Other proof materials that the notary should think should be provided. ^[2]