The first in line of succession of legal beneficiaries includes spouse, children, and parents. Under China's current legal system, there is a set of detailed and clear provisions on the principle of inheritance distribution in legal inheritance. Below, I will give an in-depth interpretation of this issue in combination with the relevant provisions of the Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code").
Article 1127 of the Civil Code stipulates that: "Inheritance shall be carried out 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. It follows that in the case of the existence of the first heir, the second in line does not participate in the inheritance.
Article 1130 of the Civil Code stipulates that "the share of inheritance inherited by heirs in the same order shall generally be equal." Heirs who have special difficulties in living and lack the ability to work shall be taken care of when distributing the inheritance. Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed. If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal. ”
Based on the above provisions, we can draw the following conclusions:
1.In general, the heirs in the same order should divide the estate equally. This is the basic principle of inheritance distribution, which embodies the values of equality and fairness.
2.Heirs with special difficulties shall be taken care of. This reflects the protection of vulnerable groups under the law, ensuring that they receive an appropriate share in the distribution of the estate.
3.For the heirs who have fulfilled the main maintenance obligation or live with the deceased, the inheritance can be divided into more shares. This is a recognition and encouragement of their efforts, and it also embodies the principle of consistency of rights and obligations.
4.For heirs who have the ability and conditions to support but do not fulfill their obligation to support, the inheritance shall be divided without or at a minimum. This is a punishment and a warning for non-compliance with obligations in order to maintain the harmony and stability of family relations.
In addition to the basic principles set out in the law, the Civil Code allows for an agreement on the distribution of the estate between heirs through negotiation. Article 1132 of the Civil Code stipulates that: "The heirs shall negotiate and handle inheritance issues in the spirit of mutual understanding, mutual accommodation, harmony and unity. The time, method and share of the division of the estate shall be determined by the heirs through consultation; If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court. ”
Therefore, in practice, if the heirs in the first line can reach an agreement on the distribution of the estate, then they can make the distribution according to the content of the agreement, without strictly following the principle of equal division as stipulated by law. This flexibility contributes to harmony and unity among family members.
In legal inheritance, some special circumstances may also be encountered, such as some heirs renunciating their inheritance rights, and there is a debt relationship between the heirs. For these cases, the Civil Code also has corresponding provisions.
1.The heirs renounce their inheritance rightsArticle 1124 of the Civil Code stipulates: "After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance. "If some of the heirs in the first line of succession renounce their right of inheritance, then their share will be divided equally among the other heirs in the first line of succession or in accordance with the agreement.
2.There is a debt relationship between the heirsArticle 1163 of the Civil Code stipulates: "Where there is both statutory inheritance and testamentary succession or bequest, the legal heir shall pay off the taxes and debts that the decedent shall pay in accordance with the law; The part exceeding the actual value of the statutory inheritance shall be repaid by the testamentary heirs and legatees in proportion to the inheritance. "If there is a debt relationship between the heirs in the first line, then the debts should be paid off before the estate is distributed. The remainder of the estate is then distributed according to the above principles.
To sum up, the distribution of the estate of the legal beneficiary in the first place is not absolutely equal, but is handled flexibly according to the specific situation and the law. In practice, it is recommended that family members fully negotiate and make mutual understandings and concessions to reach a fair and reasonable estate distribution plan. If you encounter a complex or controversial situation, you can seek help and guidance from a professional lawyer or the people's mediation committee.
In order to avoid disputes and conflicts arising from the distribution of the estate, it is recommended that the decedent formulate legal documents such as a legal will or bequest and maintenance agreement before his death, and clearly express his wishes and arrangements. This not only reduces disputes and conflicts between heirs, but also ensures that the estate can be reasonably distributed and used according to their wishes.