Our residents like to buy houses all over the world. Spanish media have reported that the average age of buying a house in China is 28, the youngest in the world, and many young people become middle-aged as soon as they graduate. Moreover, the housing ownership rate in China is the highest in the world, reaching 96.4%. Every household in the urban area 1.5 suite. These two figures are much higher than many developed economies.
Why do China people have a soft spot for investing in real estate? In the final analysis, there are four main reasons: First, it is influenced by traditional concepts such as "having a house is superior" and "having no house is a shame". In China, a house is not only a place to live, but also a carrier of education and a guarantee for the aged. It is worth mentioning that my mother-in-law doesn't know when she married a woman and bought a house. Second, the lack of safe and reliable investment channels, investment in housing has become an important channel for maintaining and increasing the value of assets in most people's minds. That's true. In the past two or three decades, investing in buying a house can be called an unparalleled wealth-making artifact, and it has also established a godlike position in many people's hearts; Third, as a result of market education, house prices have fluctuated greatly in recent years. People who buy houses early have basically earned a lot of money, while those who buy houses late have to bear more housing costs. Therefore, in the minds of the vast majority of China people, we should seize every opportunity to buy a house, the sooner the better; Fourth, the house is a symbol of family wealth. In reality, many people regard the house as an "heirloom". Another important purpose of desperately buying a house is to leave more wealth for future generations. Especially in big cities, this kind of thinking is more serious.
It is true that the market value of a leisure house in second-and third-tier cities is as high as two or three million, which is a huge wealth that many people can't get through their lifetime efforts. Therefore, the house has always played an important role in the inheritance of China family.
Parents are trying their best to accumulate wealth for their children, buy more houses and save more money. Their ultimate goal is to hope that their children will have more abundant funds and a more fulfilling life in the future. But on the other hand, we also see that there are a lot of real cases of children competing for their parents' real estate every year, from weak family ties to even going to court, forming a blood feud.
Children fight for millions or tens of millions of properties, and even their feelings break down: on the one hand, it reflects the importance of real estate, especially in big cities like Beijing, Guangzhou and Shenzhen. The market value of a house may be as high as tens of millions, which makes many people lose their minimum conscience in the face of huge wealth. In other words, sky-high real estate is constantly challenging the public order and good customs of society; On the other hand, it reflects the imperfection of our laws and regulations on property inheritance, especially when children inherit their parents' property, there are still many aspects that need to be standardized and strengthened.
For example, on 20 13, a news broke out in Anyang, Henan. The son forced his father to make a "notarized will" and left the house for himself. Then in his later years, when his father was ill in bed and needed constant care, his son put the blame on his sister. The father finally repented and decided to leave his property to his daughter, so he made a handwritten will. But when the old man died, the daughter could not inherit her father's property, because according to the law at that time, the notarized will had priority, so the handwritten will made by her father was invalid.
Not only that, in many people's traditional cognition, parents' property will inevitably be passed on to their children. So many children don't do their best to take care of their parents in their later years. What's more, they rely on their only right of inheritance, and even find fault with their biological parents in every way, failing to fulfill their obligation to support the elderly. The most exasperating thing is that in the end, they can blatantly inherit their parents' property.
However, since 202 1, 1 and 1, the new provisions of the civil code have been formally implemented, and the inheritance of parents' property has also undergone great changes: all inheritance of parents' property is handled in accordance with the four "new provisions". In particular, the new regulations stipulate that starting from 202 1, in both cases, children will "no longer inherit" their parents' property, and it is useless for children to fight because they have legal support. This is bound to completely subvert the traditional cognition of many people.
First of all, the new regulations give parents more autonomy in dealing with real estate. In both cases, the children will "no longer inherit" their parents' property.
Article 133 of the new regulations stipulates that a natural person may make a will to donate his personal property to an organization or individual other than the state, the collective or the legal heir; Article 130 of the new regulations stipulates that heirs who have the ability and conditions to support shall not divide or divide the estate if they fail to perform their maintenance obligations.
Based on these two new regulations, it is not difficult to find that the new regulations actually amplify parents' right to dispose of real estate freely. The new regulations also support some parents who want to leave their property to a third party other than the legal heir. This means that from this year on, as long as parents are willing, they can pass on their property to anyone by making a will. In other words, they also have the right not to leave their property to their children. Will this really happen in reality? Of course, there are, for example, some old people attach great importance to feelings and righteousness, and their children are richer. The old man has the heart to leave his property to a nanny or friend who takes care of himself. In this case, they can do it by making a will. In this case, the children will "no longer inherit" their parents' property.
In addition, we often see many children are very unfilial. When the old man was alive, they didn't do their duty to support their parents. After the old man died, they ran out to compete for real estate. In this case, the new regulations also clearly stipulate that the inheritance can be completely divided when the responsibility of supporting the elderly is not fulfilled. Simply put, in the future, under the new rules, "unfilial sons" are likely to "no longer inherit" their parents' property.
Of course, it needs to be clear that the decision is still in the hands of parents. For those "unfilial" children, parents are mindful of their blood relationship and don't have the general knowledge of their children. It seems that we have no other way but to condemn them morally.
Second, the new regulations add a "forgiveness system", and children who "make mistakes" can recover their inheritance rights.
There is a very common situation in reality, that is, children lose their inheritance rights for various reasons, such as abandoning the decedent or seriously abusing the decedent; Forging, tampering, concealing or destroying a will, if the circumstances are serious; Forcing or obstructing the decedent to make a will, change the will or withdraw the will by means of fraud or coercion, if the circumstances are serious, but after being punished, the child completely repents and the decedent understands.
In this case, the "wrong" children can recover their inheritance rights. Because Article 125 of the new regulations stipulates that if the heir does show repentance, and the decedent later forgives or lists him as an heir in his will, the heir will not lose his inheritance right.
For example, Lao Li has two sons, and the younger son has been idle since childhood, especially after marriage. Because the youngest son has no serious job all the year round, family expenses have become a problem. So I started thinking about my parents' old house. I once stole Lao Li's real estate license, and then forced Lao Li to make a mortgage for himself. Lao Li refused, and the younger son punched and kicked Lao Li many times, and once even took Lao Li to the hospital. In this case, Lao Li completely "deprived" his youngest son of his legal inheritance right, and even cut off his father-son relationship with his youngest son for five years.
Three years ago, my youngest son began to repent and decided to turn over a new leaf. In the past three years, the youngest son has not only got rid of the problem of idleness, but also started his own vegetable vendor business. He has a good life and has money in his hand. In the past three years, the younger son has taken good care of Lao Li's daily life and sent money to Lao Li from time to time. In this case, the relationship between Lao Li and his youngest son gradually eased. At the end of last year, the family was reunited, and the younger son cried and repented, and he also knelt down to Lao Li to admit his mistake. Lao Li knew that his youngest son had completely "reformed" this time and decided not to lose his inheritance.
Third, the new regulations expand the scope of heirs. In the absence of the first and second heirs, nephews have legal inheritance rights.
Article 128 of the new regulations stipulates that if the decedent's children die before the decedent, subrogation inheritance's children are the direct descendants of the decedent's children. If the decedent's brother or sister died before the decedent, the children of the decedent's brother or sister in subrogation inheritance.
In other words, from this year, the scope of heirs will be expanded to nephews, nieces, nephews and nieces. This means that the situation that "there is no legal heir alive and the natural person's heritage is nationalized" will disappear completely. In this regard, everyone should be most familiar with the "old people's property was nationalized" incident in Shenzhen. The widowed old man has no children and daughters, and his only niece takes care of him in his later years. However, after the old man dies, his niece cannot inherit the property worth 5 million yuan in his name. In the final analysis, it is because laws and regulations clearly stipulate that when the first and second heirs are dead, the natural person's heritage will be nationalized. The new rules will expand the scope of the nephew's heirs, which means that this situation will not happen again in the future.
Of course, we also found that this new regulation is controversial. Some people object on the grounds that nephews and nephews do not do their best to support the elderly and let them inherit the inheritance legally, which will encourage people to get something for nothing. It is more likely to lead to the crime of "robbing real estate". Experts' interpretation of this is that the new regulations expand the scope of the right to inherit on behalf of others, on the one hand, it increases the possibility of property inheritance between relatives; On the other hand, it reflects the state's protection of citizens' private property. That is to say, while expanding the scope of filial piety, the property of the obligee can also be passed on among family relatives, which guarantees the private property rights of the obligee to a greater extent.
Fourth, paper wills and video wills were added, and "notarized wills have the highest effect" was deleted.
There are five traditional ways to make a will: self-writing, generation of books, recording, dictation and notarization. And there is a certain hierarchical relationship between these five forms, that is, the notarized will has the highest effect. To put it simply, no matter a natural person, there are several forms of wills, and finally the notarized will shall prevail. There is a very big problem: the notarization procedure is complicated and it is not easy to change. It is understandable that the old man went to the notary office to notarize his will when he was still healthy. If they are dying or disabled, they will not be able to do so. Therefore, the previous way of making a will has great limitations.
The new regulations implemented from this year have completely eliminated this "restriction". This is reflected in two aspects: first, on the basis of the original, printing and video wills have been added with the times to meet the needs of the times when scientific and technological tools such as printers and smart phones are widely used, filling the gaps in related fields; The second is to delete the "highest effect of notarized will"-Article 142 of the new regulations stipulates that after making a will, if the testator carries out a civil legal act that is contrary to the contents of the will, it is deemed to have withdrawn the relevant contents of the will. There are several wills. In case of conflict, the last will shall prevail. That is to say, starting from this year, even if the elderly have made various forms of wills, there is no priority relationship, and the last will is the implementation standard.
It is worth mentioning that in order to prevent the elderly (testator) from being intimidated, the new regulations also explicitly require that more than two witnesses are needed when making a will, among which the witness who prints the will must participate in the whole process of making the will, and the testator and the witness sign on each page of the will.
For example, Uncle Zhang made four wills before his death, namely, a self-written will, a notarized will, an agent will and a video will. The content of each will is different, and the distribution amount of the estate is also very different. According to the new regulations, after Uncle Zhang's death, video recording will obviously be the final implementation standard. Because at this time, the notarized will has no supreme effect and has the same effect as other wills.
Professionals have concluded that the reason why the Civil Code stipulates this way is to reduce the difficulty for the testator to modify the will, on the other hand, it fully guarantees the testator's will autonomy, and more effectively ensures that the disposal of the estate can meet the testator's wishes.
Summary: There are more or less "deficiencies" in the past regulations, which is also one of the root causes of the farce of competing for real estate between children. The new regulations have corrected and improved some contents in time, made up for the shortcomings and filled the gaps to a certain extent, which is of great help to reduce the possibility of inheritance disputes in future families.
In addition, the new regulations give parents the right to dispose of their own property, deposits and other heritages, making it possible for children to "no longer inherit" their parents' property, and it is useless for children to quarrel under legal and reasonable circumstances. In a sense, this is forcing children to be more filial and take care of the elderly. It is also a warning to the world that the most precious thing in the world is not the things outside the house and car, but the kinship of flesh and blood. The details show the good intentions of the new rule makers: parents are alive, please be filial.