I heard that the civil code was promulgated. What changes have taken place in testamentary succession? Who can tell me more about it? Thank you very much

Add "right of residence" and introduce the system of estate administrator ... and submit it to the Third Session of the 13th National People's Congress for deliberation.

In the proposed draft civil code, a series of systems have been created around the elderly group and discussed on social media.

Can't go higher. These new formulas and systems not only cater to the different needs of the elderly, but also bear distinctive features.

Characteristics of the times.

Highlight 1: Add "residence right" to solve the phenomenon of "older unmarried"

In life, we will find that many elderly people do not choose to remarry after the death of their other half, but adopt the practice of cohabitation, which is also commonly known as "unmarried families for the elderly." In fact, it's not that these old people don't want to remarry, but under the legal system at that time, they had to "not marry" because remarriage would bring a series of contradictions in property distribution, especially the opposition of their children. The main reason for children's opposition is that their parents' stepmother and children may divide the property belonging to family of origin because of inheritance. Although this is inappropriate, the reason is understandable.

"Older unmarried people" face many problems in reality. For example, in nursing homes or hospitals.

At that time, because he was not a legal spouse, he could not sign his name, which brought a lot of trouble. Draft civil code

After introducing the concept of "residence right" in the case, the elderly can determine the real estate by making a will.

Distribute it to children to prevent the outflow of property caused by remarriage after the death of the spouse, or through bequest.

Appoint the establishment of "right of abode" to ensure that the spouse can still enjoy the right of abode after death and prevent the children from advancing ahead of schedule.

Selling a house can kill two birds with one stone.

Highlight 2: Autistic children finally have a "heritage manager"

Over the years, with the development of economy and society, people's demand for rational distribution of property has become more and more diversified. Many people don't want to distribute their property at once after death. In real life, there are many factors that cause this phenomenon. One of the important reasons is that the heirs don't have the ability of estate management, including autistic children. The practice of testamentary trust is very common in many countries. The trustee can be a trust company or a trusted relative of the client. They manage the property according to the contract. Although the testamentary trust originated in Britain has a long history, its popularity in China is not high because the word "trust" means a certain asset threshold for ordinary people.

The draft civil code specifically introduces the "estate manager" system, aiming at different situations.

The definition of property management personnel is standardized and their obligations and responsibilities are also mentioned.

For ordinary people in China, it also means that their diversified demands for inheritance distribution can be fully met in the future.

Feet.

Highlight 3: The validity of the will has changed from "notarization priority" to "time priority"

One of the highlights of this draft civil code is to modify the provisions on the validity of wills and delete the provisions on the priority of notarized wills in the current inheritance law, so as to fully respect the true wishes of testators.

How do we understand the validity rules of wills? For example, how many wills were made before making a will, including

Notarization, printing, oral will, etc. The distribution of these wills may be inconsistent or related.

Therefore, stakeholders will have conflicts. In the past, we always gave priority to notarizing wills, as long as we needed one of them.

If it is a notarized will, the distribution method in the notarized will is adopted.

The deletion of this provision in the draft civil code means that the validity of the will will change from "notarization priority" to "time priority"

First of all. "That is to say, in the event of an inheritance dispute, the testator's last will shall prevail and be printed out.

Wills, video wills, and oral wills in times of crisis are all acceptable. The advantage of this provision is full respect.

The true will of the parties.

Highlight 4: In line with the needs of the times, paper wills and video wills have been added.

In fact, in many cases accepted by the court at present, many cases of printing wills have been encountered. The recognition of paper wills and video wills will protect the rights and interests of testators to a greater extent.

At the same time, the draft civil code also has very detailed provisions on printing wills. For example, there must be more than two.

Where the witness is present, the testator and the witness shall sign each page of the will.

However, compared with handwritten wills, printing wills only involves the date of signature.

Therefore, it is difficult to identify, and there are cases where witnesses collude, witness in different places, or cannot provide evidence.

Clear risks. If conditions permit, the testator will go through the notary office or the China Testament Library.

Institutions face less legal risks when registering wills. But printing wills and video wills are still recognized.

The draft civil code is an innovative breakthrough to meet the needs of the times, which can help those who have no time to conclude a public code in practice.

The testator who proves the will provides a guarantee.

Excerpt from Chinese Testament Library: Interpretation of Civil Code