What is Estate Law?

Refers to all personal property left over from the death of the heir and other property rights that can be inherited by law.

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To constitute an estate, the following conditions must be met:

(1) The estate must be property. The property includes positive property and negative property. Negative property is debt. Legacy cannot be personal rights, status, etc.

This is determined by the modern inheritance law as the inheritance of property, which is different from the suzerainty inheritance system in ancient society.

(2) The estate must be all legal property of the deceased during his lifetime. All here is in a broad sense, including both the ownership as real rights and other real rights, as well as the debts enjoyed by the deceased during his lifetime, as well as the property rights in various compound rights such as intellectual property rights and equity.

(3) The estate must be non-exclusive property of the deceased himself. Some properties are not inheritable due to their personal characteristics, and therefore cannot be inherited. For example, the right to claim an old-age insurance benefit will be eliminated after the insured person dies.

(4) The form of the inheritance is not limited to the state left when the deceased died, and the property or substitute property derived from the property left by the deceased is the inheritance.

(One)

How to deal with the inheritance of positive and negative inheritance, and the settlement of debts left by the deceased, modern countries generally have two approaches.

One is fully implemented

The division of the inheritance refers to the act of allocating the inheritance among the common heirs in accordance with the share that each heir should inherit.

At the beginning of the inheritance, the legal personal property left by the heirs during his lifetime becomes a legacy. The estate is acquired by the heirs and others who are entitled to it. If the heir is one person and there is no other person who obtains the inheritance, the estate becomes the personal property of the heir. However, if there are several heirs, common inheritance will occur, and the inheritance will be jointly owned by the common heirs. In this case, not only the use and disposition of the inheritance must be jointly decided by all the heirs, but also the joint heirs bear joint and several responsibilities, and the co-heirs enjoy their successors for all the inheritance. Therefore, in order for each heir to obtain a specific inheritance that he should inherit, he must divide the inheritance. Although there is only one heir, but there is a bequest by the beneficiary to request the bequest to receive the inherited property, the division of the estate also occurs. It can be seen that the division of inheritance is a necessary process for the heirs or other people who have the right to obtain the inheritance to convert their deserved inheritance shares into the individual's individual property.

When dividing an estate, the scope of the estate should first be correctly determined to distinguish it from the property of others. Article 26 of China's "Inheritance Law" stipulates: "Unless there is an agreement, if the property is divided by the spouse, half of the jointly-owned property should be divided into spouse ownership, and the rest It is the inheritance of the inherited. If the inheritance is in the family's common property, the property of others should be separated first when the inheritance is divided.

According to Article 5 of China's "Inheritance Law": after the start of inheritance, it will be handled according to legal succession; if there is a will, it will be handled according to a will or bequest; if there is a bequest maintenance agreement, it will be handled according to the agreement. "Separation of the estate, if there is a will, the will shall be executed first; if there is no will or there is residual property in the execution of the will, it shall be handled in accordance with legal inheritance. ^[5]