Legal provisions on the statute of limitations of the latest inheritance lawsuits in 2019

Testamentary inheritance is essentially the transfer of property ownership, so the effectiveness of testamentary inheritance will be affected by the effectiveness of property ownership. In order to promote the circulation of property, make full use of property, and prevent property owners from lying on their rights to sleep, the state has regulated the period of protection of inheritance rights of inheritors, as shown in:

First, the time limit for the beneficiary to accept the estate was regulated. Article 25, paragraph 2 of the Inheritance Law stipulates that the beneficiary shall make a declaration of acceptance or abandonment of the bequest within two months of knowing the bequest. If the expiry date is not indicated, it shall be deemed as giving up the bequest.

Second, the time limit for requesting court protection for violations of the right of inheritance was regulated. Article 3 of the Inheritance Law provides that the period for filing a lawsuit over a dispute over inheritance rights is three years, calculated from the date when the heir knows or should know that his rights have been violated. However, no more than 20 years have elapsed since the date of inheritance.

That is, if the beneficiary does not make an acceptance of the bequest within the legal time, its inheritance right will no longer be protected by law; if the inheritor knows or should know that its inheritance right has been violated, it will lose the lawsuit if it does not sue. Right of court protection.

Third, waiver of the right of inheritance must be made at a specific time. The Law on Inheritance stipulates that the renunciation of the right to inheritance must be made before the inheritance is divided after the inheritance begins. After the inheritance was divided, the estate has become the property of the heirs. At this time, the ownership is not given, not the right of inheritance.

Fourth, the successor s waiver of inheritance shall not harm the interests of others. For example, if abandoning the right of inheritance makes it unable to fulfill the legal support and maintenance obligations, or other debts, the waiver is invalid.

Fifth, waiver of the right of inheritance must be made in a legal manner. Those who renounce before the lawsuit must express to other heirs in writing, orally, if they acknowledge or have other sufficient evidence to prove it, they should also be considered valid ; in the lawsuit, if the heir to the court indicates a waiver to the court, the heirs make a record Signed in China, the waiver is also valid.

In summary, we can understand that if all the certification materials are complete, you can submit the certification materials and related application forms to the office certificate officer for acceptance.

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