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Chapter 17 Questions and Answers about Marriage and Inheritance (16)
The third is a person who has an interest in the heir or legatee.Such as their creditors, debtors, joint business partners, etc.Although they have no direct interest in the inheritance of the will, but because they have a direct interest in the property with the heir and the legatee, it is easy to affect the objective and comprehensive proof of the fact of the will.

If the above situations are excluded, other people can generally be witnesses.Wang's daughter is Wang's heir, so she cannot be a witness.

tips

In the case of certain financial support, it is best to find a lawyer to be the witness of the will, and the lawyer will draft the will according to the wishes of the parties and give witnesses to make the will of the parties complete, legal and valid.If the parties wish, they can also appoint a lawyer to be the executor of the parties.Foreign countries generally hire professional lawyers to serve the whole process of inheritance matters.

62. After the depositor dies, how can the heir produce relevant certificates to withdraw the deposit?
Cao's biological father died of illness.Cao's biological father had a deposit in the bank, and Cao wanted to withdraw this deposit, and besides inheriting a portion of Cao himself, also distribute a portion to each of Cao's half-brothers and sisters; The deposit is transferred in Cao's name, while Cao's other property of his father can be omitted or less.But the four half-brothers and sisters did not believe Cao, and jointly wrote to the bank, saying that Cao had a bad relationship with his late father, and even said that his father was abused by Cao before his death, in an attempt to deprive Cao of his inheritance rights.The bank listened to the opinions of the four of them one-sidedly, and neither allowed Cao to withdraw the deposit nor handled the transfer procedures for Cao.

Then, after the depositor dies, Cao is the son of the depositor, as the legal heir, is he entitled to withdraw the deposit?The bank does not allow Cao to withdraw, and does not handle the transfer procedures for Cao, right?

Analysis according to law
According to the "Regarding Inquiry, Suspension of Payment or Confiscation of Individual Bank Deposits and Deposit Transfer or Payment after the Depositor's Death" issued by the People's Bank of China, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice on November 1980, 11 The relevant provisions of the Joint Circular on Procedures:

1. After the death of the depositor, in order to prove his identity and the right to withdraw the deposit, the legal heir should apply to the local notary office (where the notary office has not yet been established, the people's court of the county or city, the same below) for a certificate of inheritance, The bank handles the transfer or payment procedures based on this.In the event of a dispute over the inheritance of the deposit, the people's court shall make a judgment.The bank handles the transfer or payment procedures based on the judgment, ruling or mediation letter of the people's court.

2. For the deposits of overseas Chinese, foreigners of Chinese descent, and compatriots from Hong Kong and Macao in domestic banks or deposits entrusted to banks for safekeeping, the original depositor is indeed dead. If the legal heir is in China, the original depositor's death certificate (or other Proof that the depositor is indeed dead), apply to the local notary office for a certificate of inheritance, and the bank will handle the deposit transfer or payment procedures based on this.

3. The deposit transfer or withdrawal procedures of foreign nationals (including stateless persons) who have settled in my country in Chinese banks are the same as those of Chinese citizens' deposits, and should be handled in accordance with the above regulations.Foreign nationals who have signed a bilateral consular agreement with our country should follow the specific provisions of the agreement.

4. If the heir is abroad, he can apply to our notary office for a certificate of inheritance right with the death certificate of the original depositor and the relative certificate certified by the Chinese embassy or consulate in the country, and the bank will handle the deposit transfer or payment procedures based on this .

If the country where the heir is located is a country that prohibits foreign exchange, if it is difficult to handle the above regulations, friendly associations, local overseas Chinese groups, patriotic overseas Chinese leaders, and friendly people can provide certificates, and after being authenticated by our embassy or consulate in the country where the country is located, it can be submitted to our notary office Apply for the certificate of inheritance right, and the bank will then handle the deposit transfer or payment procedures based on this.

If the country where the heir is located has not established diplomatic relations, it should be dealt with according to special circumstances.

Whether an heir living abroad inherits the deposits in a bank in China can be remitted abroad should be handled in accordance with the relevant provisions of my country's foreign exchange management regulations.

5. After the death of the depositor, if there is no legal heir and no will, after the certification of the notary department, temporarily follow the regulations of the Ministry of Finance: the employee deposits of enterprises, institutions, state agencies, and mass organizations owned by the whole people shall be turned over to the financial department and put into the treasury for national ownership. .Employee deposits in collectively owned enterprises and public institutions may be transferred to the collective.The deposits turned over to the state treasury or transferred to collective ownership do not bear interest.

Judging from the above circumstances, Cao and his four half-brothers and sisters had already had a dispute over the inheritance right of Cao's father's deposit.In this case, it is absolutely correct for the bank not to allow Cao to withdraw deposits or go through the transfer procedures.When a dispute arises between Cao and his four half-brothers and sisters over the inheritance of the deposit, the people's court shall make a judgment.The bank can handle the transfer or payment procedures only with the judgment, ruling or mediation letter of the people's court.Therefore, the practice of the People's Bank of China is in line with the law.

tips

The following is a reference sample of the certificate of inheritance rights produced by the notary office:
Certificate of Inheritance
[year number] font size document number

Heir: name, male/female, time: date of birth, detailed address.

Decedent: name, male/female, year, month, day of birth, year, month, day of death, detailed address of death.

Check that the heir XX is the son/daughter of the decedent XX and is the legal heir of the inheritance. The property left by the decedent XX after his death is as follows:

(1) The location, content and detailed terms of A property legacy;

(2) The location, content and detailed terms of property B left behind;

(3) The location, content and detailed terms of c property legacy.

The above inheritance shall be inherited by the heir XX according to law.Hereby certify.

Notary Office: ××
Notary: ×× (signature)
××year××month××day

63. What is a legacy support agreement?

Xiao Moumou is a widowed and lonely old man. Now that he is old, he is gradually unable to take care of himself.Some people in the village said that Xiao Mou could sign a bequest and support agreement with the village in this situation, and the village would take care of Xiao Mou's life, death, and burial.Xiao Moumou would like to ask, what is a legacy support agreement?

Analysis according to law
Article 31 of the "Inheritance Law" stipulates: "Citizens can sign a bequest support agreement with their supporters. According to the agreement, the supporter assumes the obligation of the citizen's birth, death and burial, and enjoys the right to bequeath. Citizens can sign a bequest support agreement with collective ownership organizations. .According to the agreement, the collective ownership organization undertakes the obligation of the citizen’s birth, death and burial, and enjoys the right to bequeath.”

The conclusion of a legacy support agreement shall be in written form.If there is no written agreement, there must be more than two witnesses to testify, the legacy support agreement can be established.If it can be concluded in the form of notarization, the rights and interests of both parties will be more clear and guaranteed.Legacy support agreement is a third inheritance method different from statutory inheritance and testamentary inheritance.The bequest support agreement is different from the previous two inheritances. It is a unique new way of transferring the property of the deceased after death. It reflects the common will of the bequest and the supporter. It is a mutual aid in the transfer of inheritance. Moreover, has the highest applicable effect.Article 5 of my country's "Inheritance Law" clearly stipulates: "After the inheritance begins, it shall be handled in accordance with the statutory succession; if there is a will, it shall be handled in accordance with the testamentary succession or bequest; Article 5 of the Opinions on the Implementation of the "Several Issues Concerning the Inheritance Law of the People's Republic of China" stipulates: "Where the decedent has signed a bequest support agreement with others before his death and has a will at the same time, after the succession begins, if the bequest support agreement and the will are not If there is a conflict, the estate shall be dealt with according to the agreement and the will respectively; if there is a conflict, it shall be dealt with according to the agreement, and the will which contradicts the agreement shall be invalid in whole or in part.”

tips

The following is a reference sample of the Legacy Parenting Agreement:
Legacy Parenting Agreement

Supporting unit (accepting bequest unit, referred to as Party A):

Dependent (legator, referred to as Party B):

Because Party B is old and frail, helpless, and has no source of income, he is willing to accept support on the condition of bequest; Party A accepts the bequest on the condition of support. The agreement is as follows:
Party A's support to Party B is as follows:

Party A shall be responsible for providing Party B's daily living expenses in accordance with the relevant state regulations, so that Party B can spend his old age in peace.If Party B is sick, Party A shall be responsible for the medical affairs and provide necessary care and attention.After the death of Party B, Party A is responsible for handling the funeral affairs.

After the death of Party B, the property bequeathed to Party A is as follows:

1. Party B owns a private house located at XX, which will be bequeathed to Party A for welfare undertakings. Party A shall apply to the notary office for notarization based on this agreement and the relevant house property right certificate, and handle the transfer of the house property right and use right formalities.

2. All the furniture, clothes, daily necessities, savings and other personal legal property of Party B shall be bequeathed to Party A.This Agreement shall come into effect on the date of signing.If Party A proposes to terminate the bequeathed support agreement, Party B does not need to repay all the support fees already provided by Party A; repay.

This agreement is in quadruplicate, each party holds one copy, the certifying unit and the certifier each hold one copy.

Supporting unit:

Dependent:

Certification unit:

Representative:
witness:
××year××month××day

64. If there is a conflict between the will and the bequest support agreement, which one shall prevail when dealing with the estate?

(End of this chapter)