Under normal circumstances, friends cannot inherit each other's estates, friends are not legal heirs, except for those who have a will, and a natural person with civil capacity can make a will during his lifetime, and if a friend is designated in the will to inherit the estate, the parties have the right to inherit.
A friend is not a legal heir and can only be given to a friend in the manner specified in the will.
A will is a legal document, and when it comes to the division of property in the future, it is best to find a professional agency to handle it.
Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate shall be in the following order:
1) First order: spouse, children, parents;
2) Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.
SinceHowever, a person may make a will to donate his personal property to an organization or individual other than the state, the collective, or the legal heirs. In view of this problem, it is necessary to analyze from the following aspects:
1. Whether the testator has the right to dispose of the property, and the will established by the property without the right of disposal is invalid.
2. Whether the property to be disposed of is legal, China's law clearly stipulates that the inheritance is the personal lawful property left behind by the death of a natural person, and illegal property is not protected by law.
3. Whether the testator has testamentary capacity at the time of making the will, the testator must have full capacity at the time of making the will, and the will made by the testator who is incapacitated or limited at the time of making the will is invalid.
4. The intention of the will is true, voluntary, and legitimate, and the will made by fraud or coercion is invalid.
5. The will shall reserve the necessary share of the inheritance for the heirs who lack the ability to work and have no livelihood, and the determination of the lack of livelihood shall be judged according to the basic viability of the heirs, and the distribution of the inheritance share shall be considered as appropriate.
6. What role the friend belongs to, if it is a legitimate ordinary friend, there is no restriction.
If it is an extramarital lover, it may not be protected by law, and there are differences of opinion in China's trial practice, one view is that China's law clearly stipulates that civil subjects engaged in civil activities must not violate the law, must not violate public order and good customs, and bequeathed to an extramarital lover violates the basic social morality, social morality, and social public interest, and should be invalid;
Another view is that although it is contrary to the good customs of society to bequeath to an extramarital lover, the testator still has the right to dispose of his lawful property, and he should not be deprived of his legal right to dispose of property because it violates morality, and as long as the bequest meets the statutory requirements for effectiveness and does not violate the mandatory provisions of the law, it should be legal and valid.