“The Complexities of Inheritance Law in China: A Rare Incident Unfolds”

2023-05-28 03:28:46

(Schematic / pixabay)

It stands to reason that after the parents of the only child pass away, the inheritance of the parents is directly inherited by the only child. However, a rare incident occurred in China recently. After the death of her parents, a woman surnamed Yang in Pingyang, Zhejiang Province was going to inherit her parents’ real estate into her own name, but she unexpectedly involved 22 related heirs. And all of this is related to the local inheritance law in China.

According to the “Netease News” report, according to China’s “Civil Code” Article 1127, inheritance is inherited in the following order: first order: spouse, children, parents; second order: siblings, grandparents, grandparents.

However, Yang Nu’s father passed away in 2004, and Yang Nu, Yang Nu’s mother, and Yang Nu’s grandmother (grandfather has passed away) will inherit 1/3 of his estate respectively. And Yang Nu’s mother passed away in 2007, so Yang Nu, Yang Nu’s grandfather and grandmother each inherit 1/3 of the inheritance of Yang Nu’s mother. And because Yang Nv’s grandparents had passed away when Nv Yang handled the inheritance, the original share of inheritance was also given to her children and grandchildren according to law.

Let’s take the 60 million yuan of this property as an example. When Nv Yang’s father passed away in 2004, her father owned half of the property, which translates to 30 million yuan, and Nv Yang, her grandmother, and mother each inherited 10 million yuan. After Yang’s mother passed away, her mother’s inheritance totaled 40 million yuan (half of the original house’s 30 million yuan and the inheritance of 10 million yuan), and Yang’s daughter, grandpa, and grandmother each inherited 13.333 million yuan.

That is to say, when Yang Nv handled the inheritance, Yang Nv only had 23.333 million yuan in this house, which was also 38% of the ownership of the original house, and the ownership of the rest of the houses fell into the hands of other people. According to the investigation by the local notary office, the remaining 62% ownership of Yang’s parents’ house is in the hands of the remaining 22 relatives.

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In the end, with the assistance of the local notary office, they searched for people everywhere and asked them to apply for entrustment and declare their renunciation. Finally, the property was successfully inherited by Ms. Yang. The person in charge of the notary office also said that the situation of Ms. Yang is not a special case. The legal inheritance involves many related relatives due to issues such as transfer inheritance and subrogation inheritance. For example, Ms. Yang’s inheritance this time involves four generations, and even many relatives, Ms. Yang have never met.

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