Article 24 of China's Marriage Law stipulates: "Husband and wife have the right to inherit from each other."

First, legal spouse status is the premise of husband and wife's inheritance right.

Second, if one of the spouses dies and the other spouse is a person without or with limited capacity for civil conduct, he still enjoys the inheritance right of the husband and wife.

Third, when husband and wife inherit from each other, they should first divide the property jointly owned by husband and wife and the property jointly owned by family members, determine the scope of inheritance, and prevent the legitimate interests of survivors and other family members from being infringed.

Fourthly, China implements the system of limited inheritance. Inheriting an estate shall pay off the taxes and debts that the decedent should pay according to law, and the taxes and debts shall be limited to the actual value of the estate.

Fifth, husband and wife are the legal heirs in the first order. After the beginning of inheritance, if the decedent has children and parents, it should generally be inherited by the surviving spouse in accordance with the principle of equal share; If the children die before the decedent, their descendants shall be subrogation inheritance. If there are no other legal heirs in the first order and subrogation inheritance people, the surviving spouse will inherit separately.

Sixth, Article 19 of the Inheritance Law stipulates: "A will shall reserve the necessary share of the inheritance for the heirs who lack the ability to work and have no source of income". Of course, it also includes spouses who lack the ability to work and have no financial resources.

The Supreme People's Court, On Implementation.

Article 37 of the Opinions on Several Issues stipulates that if the testator fails to retain the share of the inheritance of the heir who lacks the ability to work and has no source of income, he shall leave enough necessary inheritance for the heir when handling the inheritance, and the rest can be handled with reference to the distribution principle determined by the will.

Seventh, after the death of one spouse, the other spouse (especially the wife) has the right to dispose of the inheritance regardless of remarriage, and no one can interfere.

The above are the relevant provisions of the inheritance of husband and wife stipulated by law. Husband and wife belong to the legal heirs clearly stipulated in the inheritance law. I hope this article will give you a new understanding of this knowledge. If you are still unclear, you can log in and consult relevant professional lawyers, and they will answer your questions.

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The Civil Code came into force on 202 1 1, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Principles of Civil Law were abolished at the same time. If you are involved in a marriage stipulated in the Civil Law #

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