How to deal with inheritance disputes when inheritance is not in place?

The inheritance dispute has not been resolved. How does the court handle it? Inheritance dispute is the most common dispute in inheritance, which involves a wide range and is difficult to solve. The following is how to deal with inheritance disputes, hoping to provide you with some help.

Inheritance disputes are disputes arising from disputes over the inheritance of the deceased's estate after the death of the decedent. Disputes arising from inheritance rights, inheritance order, and share of inheritance distribution. They are all inheritance disputes.

According to the basis of the Inheritance Law, lawyers of Lawyers. com point out that inheritance disputes can be divided into two categories: one is non-infringement disputes, such as disputes arising from heirs' different understanding of the validity of wills, the scope and amount of inheritance, and the scope and order of heirs. The other is infringement disputes, that is, disputes arising from the infringement of inheritance rights and bequest rights.

Acts, such as: illegally depriving heirs and legatees of their qualifications; The act of concealing, embezzling or competing for inheritance; Illegal disposal of undivided heritage; Illegal deduction of heirs' share of inheritance and the number of bequests.

Behavior quantity; The legal agent damages the principal's right of inheritance and bequest; The act of not retaining the share of fetal inheritance when dividing the estate; Illegally depriving people other than the legal heirs of the right to share the inheritance according to law.

Interest, or illegally deduct its share of the estate. These inheritance disputes can be handled according to law. Properly handle inheritance issues, avoid or reduce inheritance disputes, and promote harmony, unity and mutual assistance between family members and society.

Stability is conducive to mobilizing positive factors and promoting socialist economic development.

According to the Supreme People's Court's Provisions on the Cause of Action of Civil Cases (Trial), inheritance disputes include: legal inheritance disputes (inheritance disputes, subrogation inheritance disputes), testamentary inheritance disputes, inheritance rights confirmation disputes, decedent debt settlement disputes, bequest disputes and bequest maintenance agreement disputes.

Solution: According to China's current laws, inheritance disputes can be resolved through the following channels:

1. Self-negotiation

After an inheritance dispute occurs, the parties can reach an agreement on the time, method and share of the division of the estate through mutual understanding and accommodation on a completely voluntary basis, and then divide the estate according to the agreement. Although consultations are held between the parties to the dispute, certain principles must be followed:

(1) The principle of equality and voluntariness. Consultation is not a legal procedure to solve civil disputes, so this method can only be applied if both parties agree. In addition, the agreement reached after the negotiation must also be reached on the basis of mutual willingness.

② The principle of legality. Distinguishing right from wrong is the premise of negotiation, and the standard of judging right from wrong is the provision of legal policy on inheritance. The agreement reached through negotiation should be legal in itself, otherwise it will be invalid. It is worth noting that the parties can give up their rights when dealing with inheritance disputes through consultation, and cannot deal with them illegally.

(3) the principle of not harming the interests of the state and society and the legitimate rights and interests of others. The parties shall not harm the interests of the state and society or infringe upon the legitimate rights and interests of the third party in order to reach an agreement, otherwise, such negotiations will lose their fairness and rationality, so they will not be protected by law.

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Dealing with inheritance disputes through consultation is conducive to harmony and unity among family members. Negotiation settlement is entirely based on the voluntary behavior of the parties, so it will not hurt each other's feelings after handling, and it is also conducive to the rapid settlement of disputes.

Solve it completely. Because inheritance disputes are handled through consultation, there is no need for mediation by others and no need to resort to the court, which saves the manpower, financial resources and time of the parties. At the same time, since the agreement was reached by both parties through consultation,

In this way, the dispute can be completely solved.

2. Mediation by the People's Mediation Committee

The People's Mediation Committee is a mass organization. In the event of an inheritance dispute, if the parties fail to negotiate, it may be mediated by the people's mediation committee. Based on the inheritance law, the People's Mediation Committee mediates disputes through persuasion and education, and urges the parties to understand each other, make concessions and reach an agreement on a voluntary basis. After the mediation agreement of the people's mediation committee is reached, all parties shall consciously abide by and perform it.

3. Bring a lawsuit to the people's court

After an inheritance dispute occurs, if negotiation fails, a suit may be brought directly to the people's court without mediation by the people's mediation committee. If no agreement can be reached through mediation by the People's Mediation Committee, either party has the right to bring a suit in a people's court. It should be noted that according to Article 3 of the Arbitration Law of People's Republic of China (PRC), inheritance disputes cannot be arbitrated. Therefore, after a dispute arises over inheritance, the parties cannot apply to an arbitration institution for arbitration.

How to handle foreign-related inheritance disputes (1) identification refers to the legal cognitive process of defining and classifying the nature of relevant facts according to certain legal concepts or legal concepts, and classifying them into specific legal categories, so as to determine which conflict norms should be used.

From the perspective of applicable law, cognizance is a judgment of the nature of facts, which is the premise to solve which conflict norms to invoke. This case should be regarded as "inheritance", so should the relevant countries invoke the provisions on "inheritance" according to the guidance of conflict norms? Inherit the substantive law and finally make a judgment on the case.

However, it is not enough to identify this case as an inheritance dispute. Is this case testamentary succession or statutory succession? Is Tao's oral will to leave Shenzhen real estate to Cong valid when he is seriously ill? If it is valid, it will be inherited according to the will. Is it simple? Single; If it is invalid, it must be inherited according to law, which is relatively complicated. We think that Tao's oral will is invalid. This is because: oral wills are dangerous? A will made orally by the testator under emergency and special circumstances. Because oral wills are easy to be tampered with and forged, and the death of the testator cannot be verified, all countries have restricted them, such as they must be used in an emergency; Two or more witnesses must be appointed to witness the oral will? Make written records or supplementary records afterwards, and indicate the year, month and day; Is the state of emergency lifted? After that, the testator can make a will in written or recorded form, or when the validity of the oral will expires and the testator has not made a new will, is the oral will made in a special way? Invalid, etc. Tao made an oral will in Shenzhen, China, and China's Inheritance Law? Paragraph 5 of Article 17 stipulates: "A testator may make an oral will in an emergency. An oral will shall be witnessed by two or more witnesses. Emergency plan? In addition, if the testator can make a will in written or recorded form, the oral will made is invalid/in this case, Tao did not have more than two witnesses when he made his oral will, and he did not establish it in written or recorded form after the emergency was lifted? So the will is invalid. In that case, we can only deal with this according to legal inheritance? Keith.

(2) the premise problem. If we want to handle this case according to legal inheritance, we must first judge whether there is a marriage relationship between Tao and Cong and Deng. This is the premise that Cong or Deng Yuheng has inheritance. If there is no marriage between them, it doesn't exist. Legal succession: T. Does this method of dispute resolution need to be solved first? Another problem is conditional, which is called "prerequisite". Whether there is a legal relationship between the wife and the deceased in this case is the "prerequisite" for the inheritance of this case.

Then, is the marriage relationship between Tao and Cong, Tao and Deng alive and effective? We believe that, first of all, there are historical reasons for Tao's bad relationship with Cong. Because of the flood season, does Tao think Cong is dead and is looking for someone to take care of him in America? After the marriage, Cong never remarried, and the two did not go through the divorce procedure. No matter from the legal point of view or in the sense, their marriage can not be considered invalid. ? Secondly, Tao and Deng have been married in America for many years, caring and supporting each other. It is also unreasonable and legal to deny the legal existence of their marriage relationship. We should not only consider the legal principles, but also consider the causes of this historical problem. Ben. In this case, from the legal point of view, the marriage of the two is legal in both procedure and substance, and has not been dissolved under certain conditions; From a reasonable point of view, it can't be said to be faithful and touching, so? These two marriages should be considered valid. What is Cong and Deng's inheritance from Tao? Have the right to inherit.

(3) Apply the substantive law of the corresponding country and make judgment according to the guidance of conflict norms. Article 36 of China's Inheritance Law stipulates: "China citizens inherit the heritage outside People's Republic of China (PRC) or the heritage of foreigners in People's Republic of China (PRC). Movable property shall be governed by the law of the decedent's domicile, and immovable property shall be governed by the law of immovable property. C. Foreigners inherit in People's Republic of China (PRC) (China) or China citizens inherit outside People's Republic of China (PRC) (China). Movable property shall be governed by the law of the decedent's domicile, and immovable property shall be governed by the law of the place where the immovable property is located. People's Republic of China (PRC) shall abide by treaties and agreements concluded with foreign countries.

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The disputed house in this case is located in China and should be handled by China inheritance law = According to China inheritance law, Tao's property in China should be jointly inherited by Cong and Deng. Considering that Deng, who lives with Tao, has fulfilled more obligations, he can get extra points appropriately. Tao's movable property and immovable property in the United States shall be governed by the laws of the decedent's domicile and immovable property, while Tao's domicile and immovable property are in the United States, so American laws shall be applied, and the court shall make a judgment after finding out the provisions of American laws.

How to deal with Japanese property inheritance disputes is too abstract.

If you ask how to deal with it, then the first issue is jurisdiction, which involves the special jurisdiction of real estate. Second, the application of substantive law involves private international law rules such as transfer and renvoi. All the above need to provide detailed information to give professional help.

If you ask how to find a lawyer, please consult your local law firm.

How to deal with disputes in subrogation inheritance? Can a will deprive you of subrogation? Will has the legal effect of denying legal inheritance. If there is a will, the estate will be disposed of first, if there is no will, it will be disposed of in accordance with the legal succession order.

Therefore, the will can not only deny the right of subrogation, but also directly deny the legal right of inheritance.

How to deal with the dispute about inheritance division? If the way of division has been stipulated in the will, the estate shall be divided in the way stipulated in the will; If there is no way to divide the estate in the will, the heirs shall negotiate the way to divide the estate; If the heirs fail to negotiate, the way of dividing the estate can be determined through mediation; If mediation fails, the people's court will determine the way to divide the estate through litigation.

How to deal with this inheritance dispute in demolition? For the demolition of houses with disputed ownership, the ownership problem should be solved first, but if the demolition work is affected, the disputed heirs should first reach an agreement to determine the total amount of compensation, deposit the compensation in the bank or determine it by other means, and then continue to solve the ownership dispute.

If necessary, you can seek the help of a lawyer, and a general lawyer can help you solve your problem as soon as possible.

How to Deal with Family Disputes Property Inheritance Law If the owner of the property has died, the heirs can only solve it through consultation. If negotiation fails, we can only bring a lawsuit to the court. If the property owner is still alive: In order to prevent family disputes, the best way is to leave a will and determine the way to divide the estate to prevent conflicts between future generations.

How to determine the scope of the decedent's estate is clearly stipulated in law. The fixed assets and movable property, equity and intellectual property rights of the decedent belong to the decedent's heritage. Actually, it's very difficult. For various reasons, some heritages are unknown to the obligee, and only the known heritages can be divided. The unknown part can be divided again through another lawsuit when it is known.

How to deal with foreign inheritance disputes in China? Hello! Your question is answered by Sichuan Marriage Lawyer Network. Our website is a famous lawyer's website in China, specializing in marriage cases, and determined to be the most assured lawyer around you.

Foreign-related inheritance means that at least one of the factors forming the legal relationship of inheritance has foreign-related factors, including: (1) the decedent or heir is a foreigner; (2) Both the decedent and the successor are foreigners; (3) The inheritance object is located overseas; (4) The legal facts that led to the death of the inherited decedent occurred abroad.

Like other foreign-related civil disputes, the settlement of foreign-related inheritance disputes should first determine the applicable law according to a country's conflict norms. When our courts accept foreign-related inheritance disputes, they should apply the relevant provisions of the General Principles of the Civil Law and the Inheritance Law to choose the law. Article 149 of China's General Principles of Civil Law stipulates: "For the lawful inheritance of an inheritance, the law of the decedent's place of death shall apply to movable property, and the law of the place where the immovable property is located shall apply to immovable property." In this way, if the decedent did not make a will before his death, the law of the country where he died should be applied to the inheritance of movable property in his estate. If the decedent's domicile is in China at the time of his death, the scope, order and share of the heirs shall be determined according to the provisions of China's inheritance law on legal inheritance. If you are in a foreign country, you should apply the relevant laws of that foreign country, unless the laws of that foreign country seriously violate the public order of our country. The legal inheritance of real estate, such as the inheritance of houses and land, will be handled according to the laws of the male family where the real estate is located. In China, the inheritance of foreign wills is mostly handled according to the provisions of the China Inheritance Law. If there is no provision in the inheritance law, it will be handled in accordance with international practice. According to the provisions of the law of succession, China citizens inherit their inheritance in China or in China, and the laws of the decedent's residence apply to movable property. If a foreigner inherits the estate in China or the estate of a stepmother of a China citizen outside China, the law of the decedent's domicile shall apply to movable property and the law of the real estate.

The above is the answer to this question. If you are not sure, please consult the online lawyer of Sichuan Marriage Lawyer Network.

Jurisdiction of inheritance disputes which court should inheritance disputes be brought to? First, according to Article 119th of the Civil Procedure Law, prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

Article 120 stipulates that a prosecution shall submit a complaint to the people's court and submit copies according to the number of defendants.

If it is really difficult to write a complaint, it may be submitted orally, which shall be recorded by the people's court and the other party shall be informed.

Article 12 1 stipulates that the indictment shall contain the following items:

(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;

(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;

(3) the request and the facts and reasons on which it is based;

(4) Evidence and its sources, names and residences of witnesses.

The second is jurisdiction. According to the provisions of Article 21 of the Civil Procedure Law, civil actions brought against citizens are under the jurisdiction of the people's court where the defendant is domiciled. If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of his habitual residence.

A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled.

If the domicile and habitual residence of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.

Article 33 stipulates that the following cases shall be under the exclusive jurisdiction of the people's court as stipulated in this article:

(a) the lawsuit brought by the real estate dispute shall be under the jurisdiction of the people's court where the real estate is located;

(2) A lawsuit brought for a port operation dispute shall be under the jurisdiction of the people's court where the port is located;

(3) A lawsuit brought in connection with an inheritance dispute shall be under the jurisdiction of the people's court at the place where the decedent died or where his main legacy is located.