The relationship between the relevant personnel is as shown in the figure:
Legend: For the deceased.
XXX 1 is marked as the relative death order among the dead.
The second is to sort out and deal with the inheritance relationship in this case.
The heirs of the three cases applying for notarization of inheritance rights are Song Guifang, Gao Zhisheng and Gao. For different decedents, the inheritance relationship is different and needs to be discussed separately.
Take Song Guifang as an example. Song Guifang did not leave a will before his death, nor did he sign any bequest and support agreement. According to the legal succession procedure, Song Guifang's inheritance is inherited by his parents, spouse and children. According to the investigation and interview, Song Guifang's parents died before Song Guifang, the exact time is unknown, and his spouse died after 1992. Among the children, Song Guifang's biological children are Gao Suisheng, Lai Wensheng, Gao Mengsheng and Gao Mengsheng. To sum up, according to the statutory inheritance rules of the Inheritance Law, Song Guifang's children lost their inheritance rights based on the fact that they did not violate laws and regulations. On the premise that Song Guifang and his stepchildren formed a dependency relationship, Song Guifang's ten children enjoyed the inheritance right to Song Guifang's estate, and four of them died before Song Guifang, so the share of these four deceased children occurred in subrogation inheritance, that is, Gao Changqing's children (Gao's grandchildren) Sun Jiaxin and Jicheng Sun. Gao's children (Gao's grandchildren) Gao Shunjian, Gao Shunrong, Gao Shunwen, Gao Shungang's children (Gao's great-grandchildren) Gao Xiang, Gao Zhisheng's children (Gao's grandchildren) Gao, Gao Shunzhen, Gao Shunkang, Gao's children (Gao's grandchildren) Gao Shunming and Gao Yu Shun inherit the corresponding shares.
In the case of Gao Zhisheng's inheritance, Gao Zhisheng was born before Song Guifang remarried. After investigation, it was found that his spouse, children Gao, Gao Shunzhen and Gao Shunkang were legal heirs and died before his mother Song Guifang, so Song Guifang was also one of Gao Zhisheng's heirs. Song Guifang died later, and Song Guifang's share was transferred to inheritance, and the corresponding share was inherited by the legal heir of the decedent Song Guifang. At this time, the inheritance procedure of this share is consistent with that of Song Guifang. Similarly, Gao's spouse and father died before Gao, and his mother Song Guifang died later. Gao's legacy should be inherited by Gao Shunming's children and Gao and his mother Song Guifang, and Song Guifang's share should be inherited according to the provisions of Song Guifang's inheritance case.
In this case, Gao Zhisheng and Gao died before Song Guifang, and the direct descendants of Gao Zhisheng and Gao have subrogation rights to their share inherited from Song Guifang. At the same time, because Song Guifang died after Gao Zhisheng and before inheritance, Song Guifang did not give up before his death. Song Guifang should have inherited from them.
Although subrogation inheritance and inheritance are both special cases in the ordinary inheritance procedure, they are essentially different. Subrogation inheritance is a special rule in this inheritance procedure, and inheritance is a general rule of another inheritance relationship besides this inheritance. Therefore, when accepting the case of inheritance notarization, it is most appropriate and reasonable to take the heir within the highest priority as the applicant of inheritance notarization. In the case of subrogation inheritance, subrogation inheritance people replaced the original heirs in the legal order to become the applicants of this case. In the case of sub-inheritance, if the sub-heir claims inheritance, the share of the inheritance in this case that the sub-heir should inherit will be the inheritance, and the sub-heir will apply for inheritance as a new decedent. If the heir abandons the inheritance, the inheritance and distribution of the estate in this case will be completed within the scope of the highest legal priority. The heir does not need to go through the application procedures separately, but only needs to sign a statement confirming the abandonment of the estate in this case.
Third, the core difficulties of the case
This case is an inheritance case, involving 19 parties, including legal order inheritance rules, subrogation inheritance rules and sub-inheritance rules, and the case is complicated.
The first core difficulty of the case is to define the relationship between Song Guifang and stepchildren. In all three cases, there is a relationship between stepparents and stepchildren. According to the provisions of Article 10 of the Inheritance Law, children who are legally in the first order of inheritance include stepchildren who are dependent, and parents include stepparents who are dependent. Undoubtedly, support here includes two meanings: support and maintenance. However, there are different views in the industry on whether the conditions for the formation of dependency can be one-way dependency or two-way dependency. However, judging from Articles 7 and 13 of the Inheritance Law, people who fail to perform their maintenance obligations may not lose their inheritance rights, so one-way maintenance relationship can form inheritance rights. [1] According to the client, Song Guifang's stepchildren were partly adult and partly underage when they remarried Gao. In practice, the most direct criterion for determining the stepchild's inheritance right is that the stepchild is underage when the stepparents remarry. According to the standard of one-way support, the stepson can be directly recognized as having the right to inherit. The key point of this pass is to determine the remarriage time of Song Guifang and Gao. The parties said that there was no relevant data to prove that Song Guifang remarried. Song Guifang and Gao are both people in the early years of the Republic of China, and their age is indeed not small. It is not directly proved to be reasonable. The staff of our office learned from the conversation with Levin that the Gaos have a family tree, which may record the high remarriage time, but it has not been provided to the staff at present. If there is no record, we can only restore Song Guifang's remarriage time to the date of birth of the youngest child before remarriage and the date of birth of the oldest child born after remarriage, and then try to investigate the evidence that can prove Song Guifang's remarriage time with community neighborhood offices and social security units. If the time of remarriage can be determined, it can be determined whether the stepchildren have reached adulthood when remarried. If you have reached adulthood, it is necessary to investigate whether the stepchildren have fulfilled their obligation to support their stepparents. During this period, it is necessary to collect the proof of the parties' efforts to support their stepparents, and investigate and verify with those who are not related by blood. But in the final analysis, the application of this distinction must be based on the premise of verifying the remarriage time of Song Guifang, that is, if Gao and Song Guifang remarry and the children raised by both parties are underage, then Gao Changqing and other stepchildren will form a foster relationship with their stepparents Gao and Song Guifang respectively. If it is really impossible to verify, it can only be based on whether the stepchildren have fulfilled their obligation to support. If the parties have disputes about whether to support the elderly, they can only bring a lawsuit to the court.
Another core issue is the inheritance status of widowed daughter-in-law. Gao is the stepson of Song Guifang. As far as we know, Gao and his wife took good care of Song Guifang during their lifetime and fully supported him. Gao died before Song Guifang, and his share should be inherited by the subrogation inheritance rule, while Gao's spouse and daughter-in-law Pan Meilin died before Song Guifang. If it is determined that Pan Meilin has fulfilled her main support obligations, she is also eligible to inherit Song Guifang's legacy as the first heir, just like other children of Song Guifang, [2] and it will not affect the high share of her children Gao Shunjian, Gao Shunrong, Gao Shunwen and Gao Shungang in subrogation inheritance. [3] The Inheritance Law clearly stipulates that "widowed daughter-in-law is the first-order heir" and "widowed daughter-in-law is the first-order heir". This regulation sets three applicable requirements for widowed daughters-in-law, the second is widowed daughters-in-law, and the third is the first heir. First, "to in-laws" can be understood as to in-laws or to in-laws. It is not difficult to apply this factor under the condition that the daughter-in-law takes care of her parents-in-law. But assuming that my father-in-law died when my daughter-in-law took care of the elderly, and my daughter-in-law did fulfill her main obligation to support her mother-in-law, does a widowed daughter-in-law have the right to inherit her father-in-law's inheritance? The judicial interpretation of the Supreme Court on the application of inheritance law does not clearly explain this situation. The author thinks that the inheritance object of widowed daughter-in-law to in-laws depends on the support relationship formed between widowed daughter-in-law and in-laws. When maintenance is the main maintenance relationship, the daughter-in-law enjoys the right to inherit the object of support. Under the previous assumption, the daughter-in-law and the deceased father-in-law did not form an actual support relationship, so the daughter-in-law should only have the inheritance right to her mother-in-law. Secondly, on the surface, the requirement of "widowed daughter-in-law" means that a daughter-in-law is qualified only if she is widowed, and the author thinks that widowed is the time starting point for evaluating whether the behavior of a civil subject conforms to Article 12 of the Inheritance Law. That is, whether the daughter-in-law takes care of her in-laws before she is widowed, and whether she can fulfill her main support obligations to her in-laws after she is widowed. That is to say, if you perform the main maintenance obligations to your in-laws before you are widowed, but fail to do so after you are widowed, it is also regarded as not complying with the provisions of Article 12. Thirdly, the requirement of "fulfilling the main support obligation" is well understood, that is, the widowed daughter-in-law must be the main supporter of the elderly. The most direct and effective criterion to judge whether she is the main breadwinner is whether the widowed daughter-in-law lives with the elderly. In fact, the legislative purpose of this law is to compensate and encourage the daughter-in-law who takes care of her in-laws like her own children, which embodies the principle of fairness in civil law. According to the provisions of Article 12 of the Inheritance Law and the principle of equality, Pan Meilin, who meets the conditions of inheritance, enjoys the right of inheritance rather than the share that should be inherited, and the right of inheritance enjoyed by Pan Meilin is equal to that of other heirs. The difference between the right of inheritance and the share of inheritance is that the share of inheritance is based on the expected benefits enjoyed by the special identity, and when the subject of the special identity disappears, this qualification will also disappear. That is to say, if Pan Meilin enjoys the share of inheritance, this expected benefit will be eliminated when Pan Meilin dies and will not be transferred. However, when Pan Meilin enjoys the right of inheritance, after Pan Meilin's death, according to the judicial interpretation of the Supreme Court, the right of inheritance should be transferred, that is, there is inheritance.
In this case, the staff of our institute can identify Pan Meilin's inheritance qualification from the above three aspects, and it is relatively easier to draw a conclusion by using the exclusion method to collect and exclude evidence from easy to difficult. If Pan Meilin is the main supporter of Song Guifang and meets the conditions of inheritance, it is necessary to investigate the situation of Pan Meilin's first heir, and her share of inheritance will be treated as a new inheritance object.
Inheritance cases have always been a difficult point in civil cases, because such cases involve the living conditions of different families, and different purposes and humanity may be hidden behind the cases. The focus of inheritance cases is to find out the relationship between the real heir, the decedent and the heir, which is also the difficulty in handling inheritance cases. Song Guifang's family presented the above three inheritance cases, which basically covered all kinds of situations that might occur in the inheritance procedure. On the one hand, legal workers should be rigorous and cautious when dealing with inheritance cases, and resolutely put an end to "scratching the ball" and "relying on luck". On the other hand, in the practice of handling cases, based on laws and notarization rules, possible risk points and improvement points in handling cases are constantly discovered, so as to further standardize and improve the case acceptance procedures. In addition, the application of inheritance rules is an important issue related to people's livelihood, and the object of inheritance may not be huge, but whether the legal facts are verified and the rules are properly used determines whether the value of inheritance law can be realized, guides people's evaluation of law and legal workers, and even has a double-sided effect on the authority of law. In China, in the final analysis, laws and regulations serve the broad masses of people, and the overall situation of law enforcement serving the people is organically unified in the process of ruling the country according to law. Realizing the unity of legal value and social benefit is the basic requirement for legal workers who inherit cases, and it is also the inevitable way to follow the socialist concept of rule of law and build a socialist country ruled by law.
People-oriented, notarized voice can be heard.
(Knowing Baidu)