In the new edition of the high school ideological and political textbook "Law and Life", the provisions of the inheritance section of the Civil Code on "a widowed daughter-in-law who has fulfilled the main obligation to support her parents-in-law or a widowed son-in-law shall be the first-order heir". But in practice, there are still some issues that need to be clarified. Let's start with the following example.
[Example Analysis].
1, Uncle Wang's wife died early, and Uncle Wang raised a son and a daughter alone. In 2015, her daughter married away from home and rarely returned home after that. In 2016, the old house under Uncle Wang's name was demolished and received a compensation of 1.2 million yuan, and Uncle Wang saved the money for his own retirement. In 2017, their sons Wang Nan and Ms. Li got married, and in 2018, their grandson Wang Xiao was born. In 2020, his son Wang Nan died in a car accident, and Uncle Wang was deeply affected and bedridden, and his daughter-in-law, Ms. Li, took care of her and took care of the whole family. The daughter Wang Nu also often greets **. By the end of 2023, Uncle Wang will pass away, leaving a deposit of 1.2 million yuan and no will. The following is about the distribution plan of Uncle Wang's 1.2 million yuan estate, which you think is legal ( ).
a.The daughter Wang Nu got 600,000 yuan, the daughter-in-law Ms. Li didn't share it, and the grandson Wang Xiao got 600,000 yuan.
b.The daughter Wang Nu got 1.2 million, the daughter-in-law Ms. Li did not share, and the grandson Wang Xiao did not share.
c.The daughter Wang Nu got 400,000 yuan, the daughter-in-law Ms. Li got 400,000 yuan, and the grandson Wang Xiao got 400,000 yuan.
d.The daughter Wang Nu received 600,000 yuan, the daughter-in-law Ms. Li received 600,000 yuan, and the grandson Wang Xiao did not share it.
【Student Answer】
In the exercise, the students gave four answers to this question: A, B, C, and D, and it is obvious that there is a misunderstanding of this kind of inheritance problem.
[Theoretical interpretation].
This question examines the specific provisions of the succession section of the Civil Code.
1. According to Article 1123 of the Civil Code, after the commencement of inheritance, it shall be handled in accordance with statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Obviously, there is no will or anything else in this question, onlyIt shall be handled in accordance with the legal inheritance.
2. According to Chapter 2 of the Inheritance Part of the Civil Code, Statutory Inheritance Article 1127 The inheritance shall be in the following order: (1) the first order: spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, the first-order heirs will inherit and the second-order heirs will not inherit; If there is no first-order heir, the second-order heir shall inherit.
Article 1128:Where the children of the decedent die before the decedent, the blood relatives of the children of the decedent are to inherit by subrogation.
Article 1129:Where a widowed daughter-in-law has fulfilled the primary obligation to support her parents-in-law, or a widowed son-in-law has fulfilled her primary obligation to support her parents-in-law, she is to be the first-order heir.
According to the above legal provisions, it can be determined that there are three first-order heirs in this question, namely, daughter Wang Nu, grandson Wang Xiao (subrogation), and daughter-in-law Ms. Li (if the widowed daughter-in-law has fulfilled the main maintenance obligation, she will be the first-order heir).
3. How is the distribution of these three people determined? According to Article 1130 of the Civil Code, the share of inheritance inherited by heirs in the same order shall generally be equal. Where the heirs agree through consultation, it may also be unequal.
Based on this, we can basically determine that the three can be divided equally.
Some people questioned that the widowed daughter-in-law inherited one, and the son subrogated another, and their mother and son didn't get two copies; And the daughter only gets one-third, is that fair? On this issue, the Supreme People's Court of China clearly pointed out in the judicial interpretation of the succession section of the Civil Code:When a widowed daughter-in-law is to her parents-in-law or a widowed son-in-law is to her parents-in-law, and is the first-order heir in accordance with law, it does not affect the subrogation of her children.
In this case, "Uncle Wang was deeply affected and was bedridden, and his daughter-in-law, Ms. Li, took care of her and took on the burden of the whole family. At this time, my daughter was far away, just saying hello. It can be seen that the daughter-in-law, Ms. Li, has fulfilled her main maintenance obligation and can be the first-order heir, and it will not affect the subrogation of her son.
Therefore, C is selected for this question.
[Outward bound training].
1. Multiple choice questions
According to the law, a widowed daughter-in-law to her in-laws, and a widowed son-in-law to her parents-in-law, if they have fulfilled their primary maintenance obligations
a.Can be the first-in-order legal heir
b.Can be used as a second-order legal heir
c.Cannot be the legal heir, but can be divided into the appropriate inheritance
d.The estate can be divided by subrogation
Testamentary heirs do not include (
a.Collateral blood relative
b.Siblings
c.Widowed daughters-in-law and widows who have fulfilled the main maintenance obligations to their parents-in-law and parents-in-lawSon-in-law
d.Persons other than legal heirs
.Article 1129 of the Civil Code of the People's Republic of ChinaA widowed daughter-in-law has fulfilled her primary obligation to support her parents-in-law or a widowed son-in-law to her parents-in-lawFirst in line heirs. As for the understanding of this legal provision, the following statement is correct (
a.This provision embodies the principle of fairness in civil law
bThis article states that the right of inheritance is the property right of the younger generation over the elders
c.The inheritance of a widowed daughter-in-law to her in-laws and a widowed son-in-law to her parents-in-law is testamentary succession
d.A widowed daughter-in-law inherits from her in-laws to her in-laws, and a widowed son-in-law to her parents-in-law because she is widowed and needs special care
.Uncle Guo's daughter died of illness five years ago, leaving behind a son. Son-in-law B has been living with Uncle Guo and has fulfilled his main maintenance obligations. Although Uncle Guo's stepson C has no support relationship with him, he also comes back from other places to visit him from time to time. Uncle Guo also has an adopted son Ding who has lost the ability to work. Regarding the inheritance of Uncle Guo's estate after his death, the following statement is correct ( ).
A has no right of inheritance
In the distribution of property, B may divide more
C has the right to inherit the estate
Ding should be taken care of when distributing the estate
a.②③b.②④c.①④d.③④
.Uncle Song's eldest son died of illness five years ago, and his daughter-in-law A has been living with Uncle Song and his wife and has fulfilled her main maintenance obligations. Although Uncle Song's stepson B has no support relationship with him, he also comes back from other places to visit from time to time. Uncle Song also lost his laborAbility of the adopted son C. Not long ago, Uncle Song died of illness, leaving a deposit of 1 million yuan. Based on this, the following judgment is correct (
A is the first-order heir and can participate in the distribution of the estate
From time to time, B comes back from out of town to visit the old man and is the first in line of succession
The 1 million yuan should be inherited by Uncle Song's wife and A and C
C is incapacitated and should be taken care of in the distribution of the estate
a.①②b.①④c.②③d.③④
6.The elderly Wang and his wife are taken care of by their son Xiao Wang and daughter-in-law Xiao Li. Due to their busy work, Xiao Wang and his wife hired a nanny Xiao Liu to help take care of the two elders. Soon, Xiao Wang died in a car accident, and Xiao Li took care of the second elder. Later, Lao Wang died of illness, leaving behind a house shared by the husband and wife, a piece of jade before marriage, and a bequest and maintenance agreement agreed by his wife during Lao Wang's serious illness. The agreement stated that from the date of Lao Wang's death, Xiao Liu obtained the right to live in the house and a piece of jade. Regarding the disposal of Lao Wang's estate, his wife consulted a lawyer, and the answer she may get is (
Lao Wang's wife and Xiao Li each inherited half of the ownership of the house
Xiao Li inherits the property as the first in order to inherit the property 1 4
On the day of Lao Wang's death, Xiao Liu could inherit a piece of jade
Lao Wang's wife and Xiao Li have no right to inherit jade
[Cf. ***.]
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