A hot article appeared on the net recently " the singleton since April 1 female will not accede parental house property " , for a short while everybody is passed in heat.
The article says, although this woman is a singleton female, however cannot 100% accede already the house of die parents. Really such?
One, refute a rumor: Special case is not equal to new policy!
Say in the article, small beautiful the only daughter that is parents, father dies 10 years ago, the mother just died this year, parents leaves the room of a 127 square metre before one's death in person. After parents dies, small beautiful want to go to building change the name of owner in a register him under one's name, but set according to law, the grandma when father dies still alive, the grandma has right the partial bequest of successive son. After the grandma dies, wait by husband and wife of the son of uncle, 2 Bai Fu wife, aunt successive, this was brought about small beautiful cannot sum is successive parental house property.
Actually, this is the is discussed extensively special case two years ago, those who analyse a basis is the legal laws and regulations that already applied 1985, exist far from " since April 1 " new policy. And this also follows " singleton female cannot accede parental house property " not be one and the same completely. According to our country " inheritance act " regulation, spouse, children, parents is together the first sequential heir at law, because of this singleton female the exclusive heir that is not parental belongings originally. Say so, parents dies, the house does not belong to a singleton certainly originally female.
So, if parents wants to leave children house property entirely, how should do? Actually, can pass when parents is alive make a will, appoint by children one person accedes their house property; Parents still can deal with given notarization, house property given give children.
The traditional idea of major person thinks to make a will is " have a stroke of bad luck " , but transform as the idea and break out a circumstance changeful, in the person that make a will, had appeared the form of a lot of youths.
2, the following 3 kinds of people should make a will early:
◆ thinks professional risk compares tall person oneself;
The person with ◆ more property;
◆ family concern compares complex person, the person that remarry for instance, have natural child female person etc;
What need reminds is, because the will must care about the ability below the condition that knows in order of clear, spirit to conclude, some old people abstain from talk about death, when serious defect is in bed when unconsciousness, already cannot make a will.
3, what kind of will is effective will?
Testamentary type has allograph will, from book will, oral will, recording will, notarial will 5 kinds of forms. Among them, notarial will is a kind of form that produces difference, issue easily least of all.
◆ notarial will is dealt with via the notary organization by will person.
◆ is written by will person one's own handwriting from book will, autograph, note next year, month, day.
◆ allograph will ought to have two above witness attendant testimony, by among them one person allograph, note next year, month, day, sign by allograph person, other witness and will person.
◆ recording will, ought to have two above witness attendant testimony.
◆ oral will is the alternative that will person leaves in critical condition, ought to have two above witness attendant testimony, after critical condition removes, will person can be used written or recording form makes a will, the oral will that establishs before is invalid.
According to legal provision, person of incompetence person, limitative conduct competence, heir, get bequeath person, with these a few kinds of heir, people that get bequeath person to have interests, cannot hold the position of will eyewitness.
If a will that person place establishs has much share, among them one is notarial will, what should carry out bequest according to notarial will is successive. Without notarial will, the content in standing several wills collides again, it is in last testament with time accurate.
Cause a trouble to do not give offspring, breakfast does a notarization or be to establish good will, or very those who be necessary.
