Policy IntroductionIs it feasible to give up the right to inherit and then regret it?Recently, Liu Jie sued the court for a real estate inheritance dispute with her family, which sparked a discussion on whether she could repent after giving up her inheritance rights. In front of the law, everyone's choice has consequences, and for the great right of inheritance, does giving it mean losing it forever?This is a question worth pondering. When we are faced with similar choices, should we think more carefully, so as not to regret it in the future, Liu Jie's experience may provide us with some enlightenment.
News content
Liu Jie's (pseudonym) parents have five daughters, including Liu Jie, whose father died more than ten years ago, and in the second year of his father's death, Liu Jie signed the "Declaration of Renunciation of Inheritance Rights", which stated that Liu Jie's parents shared a self-built house, and Liu Jie and her mother voluntarily renounced the inheritance right to the estate. The statement is certified by a notary public. Later, Liu Jie wanted to repent due to financial difficulties, and won the support of the two sisters, but the other two sisters and her mother objected. Liu Jie then filed a lawsuit to inherit one-twelfth share of the property.
Court rulings
The court of first instance ascertained that Liu Jie's father owned one-half of the property rights of the house involved in the case, and her mother owned the other one-half. After Liu Jie signed the Declaration of Renunciation of Inheritance, the court of first instance ruled that the mother should receive one-half of the share, and the other four daughters should each receive one-eighth. Liu Jie was not satisfied and appealed to the Zhuhai Intermediate People's Court. During the trial, Liu Jie asserted that the estate involved in the case had not been divided or changed in registration, so she could repent of giving up the inheritance. The court of second instance held that Liu Jie did not provide evidence to prove that her signing of the Declaration of Renunciation of Inheritance Rights was conditional on her mother's transfer of another house. Moreover, the bank statements provided by Liu Jie, the social endowment insurance premiums, alimony payments, decoration fees and other evidence provided by Liu Jie for her mother cannot prove that Liu Jie's economic situation has deteriorated significantly after she gave up the inheritance. As a person with full capacity for civil conduct, Liu Jie should have a full understanding of the legal consequences brought about by the Declaration of Renunciation of Inheritance Rights and the Notarial Deed signed by herself, and she would lose her rights and interests if she gave up her inheritance. Liu Jie's reasons for repentance were insufficient, and the court rejected the appeal and upheld the original verdict.
Optimal viewpoint
In this case, Liu Jie, as a person with full capacity for civil conduct, should have a clear understanding of the legal effect of the Declaration of Renunciation of Inheritance Rights and the Notarial Deed signed by her. Once the decision to renounce inheritance takes effect, it will be legally binding, and if the decision to renounce inheritance is allowed to be revoked at will, it is not conducive to maintaining and stabilizing the order of citizens' production and life. Before deciding whether to inherit or renounce, the heirs should have a full understanding of the type, quantity, and value of the estate, and only with a comprehensive understanding of the circumstances of the inheritance can the heirs make an informed decision. In the above-mentioned cases, if Liu Jie consults professionals in a timely manner to obtain professional advice, disputes can be completely avoided.
Inheritance involves complex legal issues, and heirs should consult with professional legal counsel before making any decisions. Get accurate legal advice to help heirs understand their rights and risks and develop appropriate strategies. In the proceeding of inheritance,The collection of evidence is crucialKeeping the chain of evidence intact can provide strong support in the event of a dispute and protect the rights and interests of heirs.
Editor|Ao Bin.
Design|Jiang Jitao.
Audit|Tang Haifeng.
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