What is a Last will and Testament?

Inheritance of wills, also known as "designated inheritance," is a way of inheriting inheritance in accordance with a legal and valid will made by the heirs. Inheritance of a will is made up of two legal facts: the establishment of the will and the death of the testator, which have the effect of establishment and execution respectively.

The concept of testamentary succession Testamentary succession, also known as "designated inheritance", is a way of inheriting inheritance in accordance with the legal and valid will made by the heir.

1. The existence of a legal and valid will and the death of the testator before the inherited life constitute the fact of inheritance of the will.

2. Testament succession directly reflects the will of the heirs.

3. The scope of a testamentary heir and a legal heir is the same, but willal inheritance is not limited by the order of legal succession and the share of successor.

4. The effectiveness of will inheritance is superior to that of statutory inheritance.

1. There is a will before the inherited life, and the will is legal and valid;

2. The death of the testator;

3. Not signed before being inherited

"

Scope of testamentary heirs A testamentary heir is a person who inherits the estate in accordance with the content of the will, and is designated by the testator, also known as a designated heir. States generally do not limit the scope of a heir to a will. It may or may not be the legal heir. In our country's practice, it is generally preferred to appoint the heir to be limited to the scope of the legal heir, and the testator may designate one or more of the legal heirs to inherit their inheritance. However, the will must retain minors and incapacitated persons in the legal heirs as well as the share of inheritance due to the fetus. The designated heir does not have the right to inherit the portion of the estate that is part of the property. The testator may also bequeath property to individuals other than the state, collective organizations, social groups, and legal heirs.

Conditions of will

Since the will is a punishment made by the deceased during his lifetime and will be executed after his death, the necessary conditions should be met to have legal effect.

When setting up a will, the testator must have the ability to test. In a foreign country, the ability to test is not equal to the ability to act. It can be a minor who has reached a certain age. In China, it generally means people who have reached the age of majority and are mentally sound, and therefore have the ability to perform without the ability or restricted ability (see

One is non-litigation procedure, which is handled directly by the real estate department; the other is litigation procedure.

Non-litigation proceedings : "

Making a will is a private act of citizens, manifested by citizens' free disposal of personal property. Citizens can independently determine their beneficiaries in their wills. The beneficiaries can be their legal heirs or national, collective or other citizens (such wills are legally bequeathed). Of course, the beneficiary has the right to accept or waive the estate in accordance with his will.

However, when will the testament take effect and when can the inheritor accept or abandon it? Will it not be accepted after a while? Many people have doubts about this in their lives.

For a formally complete, definite will, it takes effect when the testator dies. However, after the will has entered into force, it does not mean that the beneficiary can exercise his right of inheritance unhindered at any time.

Testamentary inheritance is essentially the transfer of property ownership, so the effectiveness of testamentary inheritance will be affected by the effectiveness of property ownership. In order to promote the circulation of property, make full use of property, and prevent property owners from lying on their rights to sleep, the state has regulated the period of protection of inheritance rights of inheritors, as shown in:

First, the time limit for accepting the estate by the beneficiaries was regulated. "Inheritance Law" ^[1] Article 25, paragraph 2 stipulates that the beneficiary shall make a declaration of acceptance or waiver of the bequest within two months of knowing the bequest. If no expiry is indicated, the bequest shall be waived.

Secondly, the time limit for requesting court protection for violation of the right of inheritance was regulated. Article 3 of the "Inheritance Law" stipulates that the time limit for filing a lawsuit over a dispute over inheritance rights is two years, calculated from the date when the heir knows or should know that his rights have been violated. However, no more than 20 years have elapsed since the date of inheritance.

Third, if the beneficiary does not make an acceptance of the bequest within the legal time, its inheritance right will no longer be protected by the law; if the inheritor knows or should know that its inheritance right has been violated, it will lose the lawsuit if it does not sue. Right of court protection.