继承法英文版
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华东政法大学《法律英语》之“继承法”译文
继承法继承法明确了人死之后其个人财产的发生之变化，另外，个人为了把遗产分配给其他人或其他组织会采取一定行为，而它也规范了这些行为。
继承法也包括了继承人的权利，该继承人可以是唯一受益人，也可以是受益人之一，也可以被排除在受益人范围之外。
在最近的法律实践当中，继承法处理死者配偶，子女，甚者一些案子中其父母的法定继承。
继承的程序由法律决定，它的内容是那些遗产会发生哪些变化，和一个特定的个体如何成为死者的继承人。
继承法同时解释了继承人的权利和义务。
这里需要特别说明的是，能够被继承的不仅仅是财产，还有债务。
继承法单独阐明了一份遗嘱或意愿书是如何通过法律途径公布的。
遗嘱继承受到法定继承的限制，该法律规定了立遗嘱人可以给家庭成员之外继承人的遗产限额。
继承法也规定了如果没有任何遗嘱，意愿书，或其他表明被继承人处理遗产方法的文件，其财产会如何变动。
之后，它通过对一些继承原则的运用，决定了谁将继承遗产以及继承的份额。
此外，继承法也规定了何时和用何种方式继承人可以拒绝继承，以及在何种情况下它可以被拍卖（但是这仅仅发生在被继承人死后）。
最后，最新的继承法也说明了怎样取得继承令，继承令即是某人合法取得财产之法律证明文件。
美国的无遗嘱继承如果因为某种原因被继承人死前没有制定任何的财产处理意愿，或者意愿存在但于处理财产上却无效，这种被继承人就被称为未留遗嘱的死亡者。
此种遗产将依照不动产所在地所属的那个州的继承和遗产分配法律进行分配。
这些法律不一定与被继承人曾提供的遗嘱相类似。
因为继承物是州政府准许的特权，这种继承物应当被置于法律政策之下，而且这种法律政策会随时被政府变更。
继承和遗产分配法律详尽的解释了决定继承人的严格程序。
在类似的情况中，法定继承可能更多作为民法法系的法律术语之一。
继承法规最大限度的保证和实现了有序的财产物权变动和被继承人有序处理遗产的意愿。
事实上，制定法尝试了以下两个方面：1. 在不损害公共利益的前提下通过实际可行的分配系统分配被继承人的财产；2. 按照最接近于被继承人内心真实、正式的意思表示这种方式分配遗产。
法律英语-Will and Succession 遗嘱和继承
法律英语-Will and Succession 遗嘱和继承.A will needs the signature of the testator and two witnesses.一份遗嘱需要立遗嘱人和两个证人签字.2.He bequeathed his shares to his daughter.他将他的份额遗赠给他的女儿.3.He was named executor of his brother’s will.他被提名做他兄弟的遗嘱执行人.4.He would like part of his estate to go to relatives other than his immediate family.他宁愿奖其部分遗产赠与远亲而非近亲属.5.Hereby revoke all former wills, codicils and testamentary dispositions made by me and declare to be my last will and testament.在此特撤销本人以前订立之所有遗嘱, 遗嘱修订附件及按遗嘱实行的产权处置, 并宣布本遗嘱为人最终之遗嘱.6.She died without issue.她死后无嗣.7.The main beneficiaries of the will are the deceased’s family.遗嘱的主要受益人是死者的家庭成员.8.The will was signed in the presence of two witnesses本遗嘱是在两位证人面前签署的.9.You can disinherit your children.你能够剥夺子女的继承权.10.Your possessions will be distributed by the state under its statute of descent if you die without a will.如一个人无遗嘱死亡,其财产将按州的法定继承法规予以处置.。
新加坡——继承法
INHERITANCE (FAMILY PROVISION) ACT(CHAPTER 138)Short title and application.1.—(1) This Act may be cited as the Inheritance (Family Provision) Act.(2) This Act shall not apply to the estates of deceased Muslims. Interpretation.2. In this Act, unless the context otherwise requires —"annual income" means, in relation to the net estate of a deceased person, the income that the net estate might be expected at the date of the order made under this Act, when realised, to yield in a year;"death duties" means estate duty and every other duty leviable or payable on death;"net estate" means all the property of which a deceased person had power to dispose by his will (otherwise than by virtue of a special power of appointment) less the amount of his funeral, testamentary and administration expenses, debts and liabilities and estate duty payable out of his estate on his death;"Registrar" means the Registrar or the Deputy Registrar of the Supreme Court in all cases where proceedings are taken in the High Court and means the Registrar or Deputy Registrar of the Subordinate Courts where proceedings are taken in a District Court;"will" includes any codicil or other testamentary document;"son" and “daughter”, respectively, include a male or female child adopted by the deceased by virtue of an order made under the provisions of any written law relating to the adoption of children for the time being in force in Singapore, Malaysia or Brunei Darussalam, and also the son or daughter of the deceased en ventre sa mere at the date of the death of the deceased.Power for court to order payment out of net estate of deceased for benefit of surviving spouse or child.3.—(1) Where, after the commencement of this Act, a person dies domiciled in Singapore leaving —(a) a wife or husband;(b) a daughter who has not been married or who is, by reason of some mental or physical disability, incapable of maintaining herself;(c) an infant son; or(d) a son who is, by reason of some mental or physical disability, incapable of maintaining himself,then, if the court on application by or on behalf of any such wife, husband, daughter or son as aforesaid (referred to in this Act as a dependant ofthe deceased) is of opinion that the disposition of the deceased’s estate effected by his will, or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable provision for the maintenance of that dependant, the court may order that such reasonable provision as the court thinks fit shall, subject to such conditions or restrictions, if any, as the court may impose, be made out of the deceased’s net estate for the maintenance of that dependant: Provided that no application shall be made to the court by or on behalf of any person in any case where the disposition of a deceased’s estate effected as aforesaid is such that the surviving spouse is entitled to not less than two-thirds of the income of the net estate and where the only other dependant or dependants, if any, is or are a child or children of the surviving spouse.(2) The provision for maintenance to be made by an order shall, subject to subsection (4), be by way of periodical payments and the order shall provide for their termination not later than —(a) in the case of a wife or husband, her or his remarriage;(b) in the case of a daughter who has not been married, or who is under disability, her marriage or the cesser of her disability, whichever is the later;(c) in the case of an infant son, his attaining the age of 21 years;(d) in the case of a son under disability, the cesser of his disability, or in any case, his or her earlier death.(3) Periodical payments made under subsection (2) to any one dependant shall not be at an annual rate which exceeds the annual income of the net estate, and, where payments are so made to more than one dependant in respect of the same period, the aggregate of the annual rates at which those payments are made shall not exceed the annual income of the net estate.(4) Where the value of a decease d’s net estate does not exceed $50,000, the court shall have power to make an order providing for maintenance, in whole or in part, by way of a lump sum payment.(5) In determining whether, and in what way, and as from what date, provision for maintenance ought to be made by an order, the court shall have regard to the nature of the property representing the deceased’s net estate and shall not order any such provision to be made as would necessitate a realisation that would be improvident having regard to the interests of the deceased’s dependants and of the person who, apart from the order, would be entitled to that property.(6) The court shall, on any application made under this Act, have regard to any past, present or future capital or income from any source of the dependant of the deceased to whom the application relates, to the conduct of that dependant in relation to the deceased and otherwise, and to any other matter or thing which in the circumstances of the case the courtmay consider relevant or material in relation to that dependant, to persons interested in the estate of the deceased, or otherwise. (7) The court shall also, on any such application, have regard to the deceased’s reasons, so far as ascertainable, for making the dispositions made by his will (if any), or for refraining from disposing by will of his estate or part of his estate, or for not making any provision, or any further provision, as the case may be, for a dependant, and the court may accept such evidence of those reasons as it considers sufficient including any statement in writing signed by the deceased and dated, so, however, that in estimating the weight, if any, to be attached to any such statement the court shall have regard to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement.(8) The court in considering for the purposes of subsection (1), whether the disposition of the deceased’s estate effected by the law relating to intestacy, or by the combination of the deceased’s will and that law, makes reasonable provision for the maintenance of a dependant shall not be bound to assume that the law relating to intestacy makes reasonable provision in all cases.Time within which application must be made.4.—(1) Except as provided by this section or section 6, an order under this Act shall not be made save on an application made within 6 months from the date on which representation in regard to the deceased’s estate is first taken out.(2) If it is shown to the satisfaction of the court that the limitation to the said period of 6 months would operate unfairly —(a) in consequence of the discovery of a will or codicil involving a substantial change in the disposition of the deceased’s estate (whether or not involving a further grant of representation);(b) in consequence of a question whether a person had an interest in the estate; or as to the nature of an interest in the estate, not having been determined at the time when representation was first taken out; or (c) in consequence of some other circumstances affecting the administration or distribution of the estate,the court may extend that period.(3) The provisions of this Act shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiration of the said period of 6 months on the ground that they ought to have taken into account the possibility that the court might exercise its power to extend that period, but this subsection shall be without prejudice to any power to recover any part of the estate so distributed arising by virtue of the making of an order under this Act.(4) In considering under this section the question when representation was first taken out, a grant limited to trust property shall be left out of account unless a grant limited to the remainder of the estate has previously been made or is made at the same time.(5) For the purposes of sections 18 (2) and 38 of the Probate and Administration Act a dependant of a deceased person by whom or on whose behalf an application made under this Act is proposed to be made shall be deemed to be a person interested in his estate.Cap. 251 Effect and form of order.5.—(1) Where an order is made under this Act, then for all purposes, including the purposes of the enactments relating to death duties, the will or the law relating to intestacy, or both the will and the law relating to intestacy, as the case may be, shall have effect, and shall be deemed to have had effect a s from the deceased’s death, subject to such variations as may be specified in the order for the purpose of giving effect to the provision for maintenance thereby made.(2) The court may give such consequential directions as it thinks fit for the purpose of giving effect to an order made under this Act, but no larger part of the net estate shall be set aside or appropriated to answer by the income thereof the provision for maintenance thereby made than such a part as, at the date of the order, is sufficient to produce by the income thereof the amount of the said provision.(3) An office copy of every made order under this Act shall be sent to the Registrar for entry and filing, and a memorandum of the order shall be endorsed on, or permanently annexed to, the probate or letters of administration under which the estate is being administered. Variation of orders.6.—(1) On an application made at a date after the expiration of the period specified in section 4 (1), or, as the case may be, of that period as extended under section 4 (2), the court may make such an order as is hereinafter mentioned, but only as respects property the income of which is at that date applicable for the maintenance of a dependant of the deceased, that is to say —(a) an order for varying the previous order on the ground that a material fact was not disclosed to the court when the order was made, or that a substantial change has taken place in the circumstances of the dependant or of a person beneficially interested in the property under the will or, as the case may be, under the law relating to intestacy; or(b) an order for making provision for the maintenance of another dependant of the deceased.(2) An application to the court for an order under subsection (1) (a) may be made by or on behalf of a dependant of the deceased or by the trustees of the property or by or on behalf of a person beneficially interestedtherein under the will or, as the case may be, under the law relating to intestacy.。
长子继承制的英文名词解释
长子继承制的英文名词解释The Explanation of the English Term "Primogeniture"IntroductionIn the realm of inheritance laws, one concept that has been widely debated and practiced historically is primogeniture. Primogeniture refers to a system in which the eldest son inherits the bulk of the family's wealth, estate, or titles upon the death of the patriarch. This practice has been prevalent in various cultures and societies, albeit with some variations. In this article, we will explore the definition and historical context of primogeniture, its significance, and its implications on societal dynamics.Defining PrimogeniturePrimogeniture, derived from the Latin words "primus" (first) and "genitura" (birth), literally means the "firstborn." It is a social custom that designates the eldest son as the principal heir to the family's inheritance, bypassing younger siblings. While primarily associated with landholding families and nobility, primogeniture has also influenced inheritance practices in other domains.Historical ContextThe inheritance system of primogeniture can be traced back to ancient civilizations such as ancient Egypt, Mesopotamia, and ancient Rome. It was deeply entrenched in the feudal societies of medieval Europe, particularly from the 11th century onwards. The system played a crucial role in establishing and maintaining a lineage's wealth, power, and social standing. However, it is important to note that primogeniture was not exclusive to Europe, as variants of the system existed in other regions, including parts of Africa and Asia.Significance of PrimogeniturePrimogeniture served multiple purposes within societies. Firstly, it provided stability by ensuring a clear line of succession, reducing the likelihood of conflicts and powerstruggles among siblings. This allowed for the efficient transfer of wealth and property from one generation to the next. Secondly, by concentrating wealth and power in the hands of the eldest son, primogeniture aimed to strengthen the family's position in society. This concentration of resources allowed families to maintain their social status, consolidate political influence, and protect their assets from fragmentation.Implications of PrimogenitureWhile primogeniture may have brought stability and continuity to certain families, it also had its drawbacks and societal implications. One significant consequence was the disinheritance of younger children, particularly daughters, who were often excluded from inheriting significant portions of the family's wealth. This fostered gender inequalities and hindered social mobility for women, restricting their access to economic and social opportunities. Moreover, primogeniture contributed to the accumulation of immense wealth and power in the hands of a few, exacerbating socioeconomic disparities in society.Alternatives and EvolutionsOver time, primogeniture has faced challenges and modifications in different societies. Several cultures have embraced systems such as ultimogeniture, where the youngest son inherits or equal division, where the inheritance is equally distributed among all siblings. These alternatives sought to address the inequalities perpetuated by primogeniture and promote a more egalitarian approach to inheritance. Gradually, many countries also incorporated legislative reforms that abolished or altered the traditional primogeniture system, ensuring a fairer distribution of wealth and opportunities among heirs.ConclusionPrimogeniture, as a term, encompasses the centuries-old practice of favoring the eldest son's inheritance rights. Rooted in historical and cultural contexts, this system played a vital role in ensuring the continuity and prosperity of certain families. However, it also perpetuated gender disparities and concentrated wealth in the hands of a few,thereby contributing to social inequality. As societies evolved, alternatives and reforms came into play, aiming to rectify these imbalances and promote a more equitable distribution of inheritance. Understanding the concept of primogeniture provides valuable insights into the complexities of societal structures and the challenges of achieving a just and inclusive society.。
英美法律遗产继承案例(3篇)
第1篇一、背景介绍约翰逊家族是一个历史悠久且富裕的家族，家族成员遍布全球各地。
近年来，家族长辈约翰逊先生因病去世，留下了巨额遗产。
然而，遗产的继承问题却引发了家族内部的激烈争议。
本文将以英美法律为背景，对约翰逊家族遗产纠纷案进行详细分析。
二、案情概述约翰逊先生共有三个子女，分别为约翰、玛丽和托马斯。
在约翰逊先生的遗嘱中，他将遗产分为三份，分别留给约翰、玛丽和托马斯。
然而，在遗产分配过程中，玛丽和托马斯认为遗嘱存在欺诈行为，遂将约翰告上法庭，要求重新分配遗产。
三、法律依据1. 英美法律体系英美法律体系以普通法为主，以判例法为辅。
在遗产继承方面，英国法律主要依据《1984年遗嘱法》和《1986年遗产法》。
美国法律则依据各州的法律规定，但普遍遵循《美国遗产法》的基本原则。
2. 遗嘱法原则遗嘱法规定，遗嘱是死者生前对遗产的分配意愿的表示。
只要遗嘱符合法律规定，即可成为有效的遗嘱。
3. 欺诈行为认定欺诈行为是指一方当事人通过欺骗、隐瞒等手段，使对方陷入错误认识，从而损害对方利益的行为。
在遗产继承纠纷中，欺诈行为的认定对于案件结果具有重要影响。
四、案例分析1. 遗嘱有效性约翰逊先生的遗嘱在形式上符合法律规定，具备法律效力。
然而，玛丽和托马斯认为遗嘱存在欺诈行为，要求法院认定遗嘱无效。
2. 欺诈行为认定在法庭审理过程中，玛丽和托马斯提供了以下证据：（1）约翰在遗嘱签署前曾向约翰逊先生提出修改遗嘱的要求，但遭到拒绝。
（2）约翰在遗嘱签署后，曾多次与约翰逊先生进行过关于遗产分配的谈话，试图影响约翰逊先生的决策。
（3）约翰在约翰逊先生去世后，迅速安排了遗产分配事宜，表明其具有强烈的继承意愿。
法院经过审理，认为约翰的行为构成了欺诈。
理由如下：（1）约翰在遗嘱签署前试图修改遗嘱，表明其具有干预遗嘱意愿的动机。
（2）约翰在遗嘱签署后与约翰逊先生进行关于遗产分配的谈话，试图影响约翰逊先生的决策，表明其具有欺诈的故意。
（3）约翰在约翰逊先生去世后迅速安排遗产分配事宜，表明其具有实施欺诈行为的后果。
1701年王位继承法
王位继承法王位继承法总说：现在世界上的国王几乎都是终身制，王位的继承也是世袭制。
但王位继承法却因国而异。
嫡长子孙继承法是很多国家采用的方法，这种继承法和中国古代皇家的继承法相类似。
如果皇帝无子，则从皇室近亲过继，继承大统。
现在日本、不丹、尼泊尔、西班牙的皇位继承大致都是这样。
英国实行的王位继承法是男女都有继承权，但规定先男后女，先长后幼的原则。
现在英国女王伊丽莎白二世就是因为老王乔治只生下她们姐妹俩，她是姐姐，所以登上了国王的宝座。
而王储必须等到现任国王驾崩才有资格登基。
至于要等多长时间，那就很难预测了。
如挪威国王奥拉夫五世今年已80多岁了，王储也逾花甲之年，但还得等下去。
英国王位继承法1701年英国王位继承法 (一七OO年制订，一七O一年公布)第一条当今国王无嗣，死后其王位由安妮公主（Anne）继承，安妮公主无嗣，死后其王位由国王詹姆士一世的孙女、已故波希米王后的女儿、汉诺威选侯索菲亚公主及其信仰新教的后裔继承。
当今国王陛下及丹麦安娜公主都无后嗣时，英格兰、法兰西、爱尔兰领土以及所属自治领的王位与尊号，由已故国王詹姆士一世的孙女、已故波希米王后伊丽莎白公主的女儿、汉诺威选侯索菲亚公主继承。
当今国王陛下及丹麦安娜公主死后，如果都无后嗣，英格兰、法兰西、爱尔兰领土以及所属自治领的王位、王政、以及英国君主所享有的一切荣誉、称号、皇权、特权、权力与权威等，都应归属于该索菲亚公主及其信仰新教的后裔。
贵族院议员及平民院议员本身及其后代，应当以全国人民的名义，在当今国王陛下公主殿下和安娜死后并且无后嗣时，按照本法关于王位继承的限制规定，坚决拥护和保卫索菲亚公主及其信仰新教的后裔，并竭力以生命和财产对任何企图反对者加以摈斥。
国外财产继承法律规定(3篇)
第1篇财产继承是指个人在其死亡后，按照法律规定将财产转移给法定继承人或其他指定继承人的法律行为。
不同国家的财产继承法律规定各有特色，以下将对一些主要国家的财产继承法律制度进行概述。
一、美国财产继承法律规定1. 继承税制美国实行联邦和州两级继承税制。
联邦继承税对死者遗产价值超过一定数额的部分征税，而州继承税则由各州自行制定。
2. 继承顺序美国继承顺序分为法定继承和遗嘱继承。
法定继承是指在没有遗嘱的情况下，按照法律规定将财产分配给死者亲属。
遗嘱继承是指死者生前立有遗嘱，按照遗嘱内容分配财产。
3. 法定继承顺序（1）配偶：死者配偶是第一顺位继承人，可以继承全部遗产。
（2）子女：如果死者有子女，配偶可以继承1/2的遗产，子女平分剩余的1/2。
（3）父母：如果死者有父母，配偶可以继承1/3的遗产，子女和父母各继承1/6。
（4）兄弟姐妹：如果死者没有配偶、子女和父母，兄弟姐妹可以继承遗产。
4. 遗嘱继承遗嘱继承是指死者生前立有遗嘱，按照遗嘱内容分配财产。
遗嘱可以是口头遗嘱、书面遗嘱或公证遗嘱。
二、英国财产继承法律规定1. 继承税制英国实行遗产税制，对死者遗产价值超过一定数额的部分征税。
2. 继承顺序英国继承顺序分为法定继承和遗嘱继承。
法定继承是指在没有遗嘱的情况下，按照法律规定将财产分配给死者亲属。
3. 法定继承顺序（1）配偶：死者配偶是第一顺位继承人，可以继承全部遗产。
（2）子女：如果死者有子女，配偶可以继承1/2的遗产，子女平分剩余的1/2。
（3）父母：如果死者有父母，配偶可以继承1/3的遗产，子女和父母各继承1/6。
（4）兄弟姐妹：如果死者没有配偶、子女和父母，兄弟姐妹可以继承遗产。
4. 遗嘱继承遗嘱继承是指死者生前立有遗嘱，按照遗嘱内容分配财产。
遗嘱可以是书面遗嘱或公证遗嘱。
三、德国财产继承法律规定1. 继承税制德国实行遗产税制，对死者遗产价值超过一定数额的部分征税。
2. 继承顺序德国继承顺序分为法定继承和遗嘱继承。
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Law of Succession of the People's Republic of China (Adopted at the Third Session of the Sixth National People's Congress on April 10, 1985 and promulgated by Order No.24 of the President of the People's Republic of China on April 10, 1985)ContentsChapter I General ProvisionsChapter II Statutory SuccessionChapter III Testamentary Succession and LegacyChapter IV Disposition of the EstateChapter V Supplementary ProvisionsChapter I General ProvisionsArticle 1 This Law is enacted pursuant to the provisions of the Constitution of the People's Republic of China with a view to protecting the right of citizens to inherit private property.Article 2 Succession begins at the death of a citizen.Article 3 Estate denotes the lawful property owned bya citizen personally at the time of his death, which consists of:(1) his income;(2) his houses, savings and articles of everyday use;(3) his forest trees, livestock and poultry;(4) his cultural objects, books and reference materials;(5) means of production lawfully owned by him;(6) his property rights pertaining to copyright and patent rights; and(7) his other lawful property.Article 4 Personal benefits accruing from a contract entered into by an individual are heritable in accordance with the provisions of this Law. Contracting by an individual, if permitted by law to be continued by the successor, shall be treated in accordance with the terms of the contract.Article 5 Succession shall, after its opening, be handled in accordance with the provisions of statutory succession; where a will exists, it shall be handled inaccordance with testamentary succession or as legacy; where there is an agreement for legacy in return for support, the former shall be handled in accordance with the terms of the agreement.Article 6 The right to inheritance or legacy of a competent person shall be exercised on his behalf by his statutory agent.The right to inheritance or legacy of a person with limited capacity shall be exercised on his behalf by his statutory agent or by such person himself after obtaining the consent of his statutory agent.Article 7 A successor shall be disinherited upon his commission of any one of the following acts:(1) intentional killing of the decedent;(2) killing any other successor in fighting over the estate;(3) a serious act of abandoning or maltreating the decedent; or(4) a serious act of forging, tampering with or destroying the will.Article 8 The time limit for institution of legal proceedings pertaining to disputes over the right to inheritance is two years, counting from the day the successor became or shouldhave become aware of the violation of his right to inheritance. No legal proceedings, however, may be instituted after the expiration of a period of 20 years from the day succession began.Chapter II Statutory SuccessionArticle 9 Males and females are equal in their right to inheritance.Article 10 The estate of the decedent shall be inherited in the following order: First in order: spouse, children, parents.Second in order: brothers and sisters, paternal grand parents, maternal grandparents.When succession opens, the successor(s) first in order shall inherit to the exclusion of the successor(s) second in order. The successor(s) second in order shall inherit in default of any successor first in order.The "children" referred to in this Law include legitimate children, illegitimate children and adopted children, as well as step-children who supported or were supported by the decedent.The "parents" referred to in this Law include natural parents and adoptive parents, as well as step-parents who supported or were supported by the decedent.The "brothers and sisters" referred to in this Law include blood brothers and sisters, brothers and sisters of half blood, adopted brothers and sisters, as well as step-brothers and step-sisters who supported or were supported by the decedent.Article 11 Where a decedent survived his child, the direct lineal descendants of the predeceased child shall inherit in subrogation. Descendants who inherit in subrogation generally shall take only the share of the estate their father or mother is entitled to.Article 12 Widowed daughters-in-law or sons-in-law who have made the predominant contributions in maintaining their parents-in-law shall, in relationship to their parents-in-law, be regarded as successors first in order. Article 13 Successors same in order shall, in general, inherit in equal shares.At the time of distributing the estate, due consideration shall be given to successors who are unable to work and have special financial difficulties.At the time of distributing the estate, successors who have made the predominant contributions in maintaining the decedent or have lived with the decedent may be given a larger share.At the time of distributing the estate, successors who had the ability and were in a position to maintain the decedent but failed to fulfil their duties shall be given no share or a smaller share of the estate.Successors may take unequal shares if an agreement to that effect is reached among them.Article 14 An appropriate share of the estate may be given to a person, other than a successor, who depended on the support of the decedent and who neither can work nor has a source of income, or to a person, other than a successor, who was largely responsible for supporting the decedent.Article 15 Questions pertaining to succession should be dealt with through consultation by and among the successors in the spirit of mutual understanding and mutual accommodation, as well as of amity and unity. The time and mode for partitioning the estate and the shares shall be decided by the successors through consultation. If no agreement is reached through consultation, they may apply to a People's Mediation Committee for mediation or institute legal proceedings in a people's court.Chapter III Testamentary Succession and LegacyArticle 16 A citizen may, by means of a will made in accordance with the provisions of this Law, dispose of the property he owns and may appoint a testamentary executor for the purpose.A citizen may, by making a will, designate one or more of the statutory successors to inherit his personal property.A citizen may, by making a will, donate his personal property to the state or a collective, or bequeath it to persons other than the statutory successors.Article 17 A notarial will is one made by a testator through a notary agency.A testator-written will is one made in the testator's own handwriting and signed by him, specifying the date of its making.A will written on behalf of the testator shall be witnessed by two or more witnesses, of whom one writes the will, dates it and signs it along with the other witness or witnesses and with the testator.A will made in the form of a sound-recording shall be witnessed by two or more witnesses.A testator may, in an emergency situation, make a nuncupative will, which shall be witnessed by two or more witnesses. When the emergency situation is over and if the testator is able to make a will in writing or in the form of asound-recording, the nuncupative will he has made shall be invalidated.Article 18 None of the following persons shall act as a witness of a will:(1) persons with no capacity or with limited capacity;(2) successors and legatees; or(3) persons whose interests are related to those of the successors and legatees. Article 19 Reservation of a necessary portion of an estate shall be made in a will for a successor who neither can work nor has a source of income.Article 20 A testator may revoke or alter a will he previously made.Where several wills that have been made conflict with one another in content, the last one shall prevail.A notarial will may not be revoked or altered by a testator-written will, a will written on behalf of the testator, a will in the form of a sound-recording or a nuncupative will.Article 21 Where there are obligations attached to testamentary succession or legacy, the successor or legatee shall perform them. Anyone who fails to perform the obligations without proper reasons may, upon request by a relevant organization or individual, entail nullification of his right to inheritance by a people's court.Article 22 Wills made by persons with no capacity or with limited capacity shall be void.Wills shall manifest the genuine intention of the testators; those made under duress or as a result of fraud shall be void.Forged wills shall be void.Where a will has been tampered with, the affected parts of it shall be void. Chapter IV Disposition of the EstateArticle 23 After the opening of succession, a successor who has knowledge of the death of the decedent should promptly notify the other successors and the testamentary executor. If none of the successors knows about the death of the decedent, or if there is no way to make the notification, the organization to which the decedent belonged before his death or the residents' committee or villagers' committee at his place of residence shall make the notification.Article 24 Anyone who has in his possession the property of the decedent shall take good care of such property and no one is allowed to misappropriate it or contend for it.Article 25 A successor who, after the opening of succession, disclaims inheritance should make known his decision before the disposition of the estate. In the absence of such an indication, he is deemed to have accepted the inheritance.A legatee should, within two months from the time he learns of the legacy, make known whether he accepts it or disclaims it. In the absence of such an indication within the specified period, he is deemed to have disclaimed the legacy.Article 26 If a decedent's estate is partitioned, half of the joint property acquired by the spouses in the course of their matrimonial life shall, unless otherwise agreed upon, be first allotted to the surviving spouse as his or her own property; the remainder shall constitute the decedent's estate.If the decedent's estate is a component part of the common property of his family, that portion of the property belonging to the other members of the family shall first be separated at the time of the partitioning of the decedent's estate.Article 27 Under any of the following circumstances, the part of the estate affected shall be dealt with in accordance with statutary succession:(1) where inheritance is disclaimed by a testamentary successor or the legacy is disclaimed by a legatee;(2) where a testamentary successor is disinherited;(3) where a testamentary successor or legatee predeceases the testator;(4) where an invalidated portion of the will involves part of the estate; or(5) where no disposition is made under the will for part of the estate.Article 28 At the time of the partitioning of the estate, reservation shall be made for the share of an unborn child. The share reserved shall, if the baby is stillborn, be dealt with in accordance with statutory succession.Article 29 The partitioning of a decedent's estate shall be conducted in a way beneficial to the requirements of production and livelihood; it shall not diminish the usefulness of the estate.If the estate is unsuitable for partitioning, it may be disposed of by such means as price evaluation, appropriate compensation or co-ownership.Article 30 A surviving spouse who re-marries is entitled to dispose of the property he or she has inherited, subject to no interference by any other person.Article 31 A citizen may enter into a legacy-support agreement with a person who, in accordance with the agreement, assumes the duty to support the former in his or her lifetime and attends to his or her interment after death, in return for the right to legacy.A citizen may enter into a legacy-support agreement with an organization under collective ownership which, in accordance with the agreement, assumes the duty to support the former in his or her lifetime and attends to his or her interment after death, in return for the right to legacy.Article 32 An estate which is left with neither a successor nor a legatee shall belong to the state or, where the decedent was a member of an organization under collective ownership before his or her death, to such an organization. Article 33 The successor to an estate shall pay all taxes and debts payable by the decedent according to law, up to the actual value of such estate, unless the successor pays voluntarily in excess of the limit.The successor who disclaims inheritance assumes no responsibility for the payment of taxes and debts payable by the decedent according to law.Article 34 The carrying out of a legacy shall not affect the payment of taxes and debts payable by the legator according to law.Chapter V Supplementary ProvisionsArticle 25 The people's congress of a national autonomous area may, in accordance with the principles of this Law and the actual practices of the localnationality or nationalities with regard to property inheritance, enact adaptive or supplementary provisions. Provisions made by autonomous regions shall be reported to the Standing Committee of the National People's Congress for the record. Provisions made by autonomous prefectures or autonomous counties shall become effective after being reported to and approved by the standing committee of the people's congress of the relevant province or autonomous region and shall be reported to the Standing Committee of the National People's Congress for the record.Article 36 For inheritance by a Chinese citizen of an estate outside the People's Republic of China or of an estate of a foreigner within the People's Republic of China, the law of the place of domicile of the decedent shall apply in the case of movable property; in the case of immovable property, the law of the place where the property is located shall apply.For inheritance by a foreigner of an estate within the People's Republic of China or of an estate of a Chinese citizen outside the People's Republic of China, the law of the place of domicile of the decedent shall apply in the case of movable property; in the case of immovable property, the law of the place where the property is located shall apply.Where treaties or agreements exist between the People's Republic of China and foreign countries, matters of inheritance shall be handled in accordance with such treaties or agreements.Article 37 This Law shall go into effect as of October 1, 1985.Printer-Friendly E-Mail This。