Civil Code of Einsenland – Succession (British English)
Reference translation into British English. The Chinese source is available here. This translation preserves its numbering and legal status; it is not a jointly authenticated text of equal legal authority. See source and translation notes. The source is draft material with unresolved institutional references and other defects; translating it does not adopt or correct those provisions.
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Section 721 [Protection of inheritance]
The State shall protect natural persons' inheritance rights.
Section 722 [Estate]
An estate comprises the lawful personal property left by a natural person on death.
Property which cannot be inherited by law or by its nature shall not be inherited.
Section 723 [Opening of succession]
Succession shall open on the deceased's death.
Where persons entitled to inherit from one another die in the same event and the times of death cannot be determined, a person with no other heirs shall be presumed to have died first. If all have other heirs, persons of an older generation shall be presumed to have died first; persons of the same generation shall be presumed to have died simultaneously and shall not inherit from one another.
Section 724 [Forms of succession]
After succession opens, intestate succession shall apply; where a will exists, testamentary succession or a legacy shall apply; where a legacy-and-support agreement exists, it shall govern.
Section 725 [Disqualification]
An heir shall lose inheritance rights for:
(1) intentionally killing the deceased;
(2) killing another heir to obtain the estate;
(3) abandoning or seriously abusing the deceased;
(4) seriously falsifying, altering, concealing or destroying a will;
(5) seriously using fraud or duress to compel or prevent the making, variation or withdrawal of a will.
For conduct under items (3) to (5), genuine repentance coupled with forgiveness by the deceased or subsequent inclusion as an heir in a will shall prevent disqualification.
A legatee engaging in conduct in paragraph 1 shall lose the right to the legacy.
Section 726 [Acceptance and renunciation]
After succession opens, an heir renouncing shall do so in writing before disposition of the estate. Silence shall be deemed acceptance.
A legatee shall accept or renounce within 60 days of learning of the legacy. Silence at expiry shall be deemed renunciation.
Section 727 [Limitation]
Proceedings over inheritance rights shall be brought within three years from when the heir knows or ought to know of infringement. No proceedings may be brought more than 20 years after succession opens.
Section 728 [Estate administrator]
After succession opens, the executor shall administer the estate. If there is no executor, the heirs shall promptly select an administrator; if they do not, they shall administer jointly. If there are no heirs or all renounce, the civil affairs department or villagers' committee at the deceased's former domicile shall administer.
Section 729 [Appointment]
Where appointment is disputed, an interested person may apply to a People's Court to designate an administrator.
Section 730 [Duties]
The administrator shall:
(1) ascertain the estate and prepare an inventory;
(2) report its condition to heirs;
(3) take necessary measures against damage or loss;
(4) deal with the deceased's claims and debts;
(5) divide the estate according to the will or law;
(6) perform other acts necessary for administration.
Section 731 [Responsibility]
The administrator shall perform duties lawfully and bear civil liability for damage intentionally or grossly negligently caused to heirs, legatees or creditors.
Remuneration may be received under the law or agreement.
Section 732 [Principles of division]
Division shall serve productive and living needs without impairing the estate's utility.
Property unsuitable for division may be dealt with by valuation, appropriate compensation, co-ownership or similar methods.
Section 733 [Application of intestate succession]
An heir or legatee whose testamentary inheritance or legacy carries obligations shall perform them. Without proper reason for non-performance, a People's Court may, on request by an interested person or relevant organisation, cancel the right to receive the portion subject to those obligations.
Section 734 [Classes and priority]
The estate shall be inherited in the following order:
(1) first class: spouse, children and parents;
(2) second class: siblings and paternal and maternal grandparents.
First-class heirs shall inherit to the exclusion of the second class. Where no first-class heir inherits, the second class shall inherit.
Children in this Book include children born within or outside marriage, adopted children and stepchildren in a support relationship.
Parents include biological and adoptive parents and step-parents in a support relationship.
Siblings include full and half siblings, adoptive siblings and step-siblings in a support relationship.
Section 735 [Widowed children-in-law]
A widowed daughter-in-law who performed the principal maintenance duty towards her parents-in-law, or a widowed son-in-law who did so towards his parents-in-law, shall be a first-class heir.
Section 736 [Shares]
Heirs in the same class shall generally inherit equal shares.
An heir facing particular hardship and lacking ability to work shall receive consideration in allocation.
An heir who performed the principal support duty or lived with the deceased may receive a larger share.
An heir able and in a position to support the deceased who failed to do so shall receive no share or a reduced share.
Heirs may agree unequal shares.
Section 737 [Discretionary provision for non-heirs]
An appropriate portion may be given to a non-heir supported by the deceased or who provided substantial support to the deceased.
Section 738 [Inheritance by representation]
Where a child of the deceased predeceases them, that child's direct descendants by blood shall inherit by representation.
Where a sibling predeceases the deceased, the sibling's children shall inherit by representation.
A representative heir shall generally receive only the share to which the represented person would have been entitled.
Section 739 [Treatment of property]
Unless otherwise agreed, half of jointly owned spousal property shall first be separated for the surviving spouse, and the remainder shall form the estate.
Where the estate forms part of family co-owned property, others' property shall first be separated.
Section 740 [Will]
A natural person may make a will under this Code disposing of personal property and appoint an executor.
They may designate one or more statutory heirs to inherit personal property.
They may leave personal property to the State, a collective, or an organisation or individual outside the statutory heirs.
They may establish a testamentary trust in accordance with the law.
Section 741 [Handwritten wills]
A handwritten will shall be written and signed by the testator and dated by year, month and day.
Section 742 [Wills written by another]
At least two witnesses shall be present. One shall write the will, and the testator, writer and other witnesses shall sign it and state year, month and day.
Section 743 [Printed wills]
At least two witnesses shall be present. The testator and witnesses shall sign every page and state year, month and day.
Section 744 [Audio or video wills]
At least two witnesses shall be present. The testator and witnesses shall record their names or images and the year, month and day in the recording.
Section 745 [Oral wills]
In an emergency the testator may make an oral will with at least two witnesses present. After the emergency, if the testator can make a written, audio or video will, the oral will shall be invalid.
Section 746 [Notarised wills]
A notarised will shall be made by the testator through a notarial institution.
Section 747 [Witness eligibility]
The following shall not witness a will:
(1) persons without or with limited capacity and others unable to witness;
(2) heirs and legatees;
(3) persons with an interest connected to an heir or legatee.
Section 748 [Reserved share]
A will shall reserve a necessary share for heirs lacking both ability to work and means of support.
Section 749 [Invalidity]
A will by a person without or with limited capacity shall be void.
A will shall express the testator's true intention; a will made under fraud or duress shall be void.
A forged will shall be void.
If altered, the altered content shall be void.
Section 750 [Withdrawal and variation]
A testator may withdraw or vary their will.
A subsequent civil legal act contrary to the will shall be deemed withdrawal of the relevant part.
Where several wills conflict, the latest shall prevail.
Section 751 [Joint wills]
Spouses may make a joint will disposing of jointly owned property. Where one spouse's disposition is conditional on the other's earlier death, it shall take effect on that death.
After one spouse dies, the survivor may withdraw or vary their own provisions but not provisions relating to the deceased spouse, unless that spouse's will provides otherwise.
Section 752 [Acceptance of legacy]
A legatee shall accept or renounce within 60 days of learning of the legacy. Silence at expiry shall be deemed renunciation.
Section 753 [Legacy-and-support agreements]
A natural person may make such an agreement with an organisation or individual other than an heir. Under it, the other party shall support the person during life and arrange burial after death, and shall have the right to receive the legacy.
Section 754 [Unclaimed estates]
An estate with neither heir nor legatee shall belong to the State for public benefit. If the deceased was a member of a collectively owned organisation, it shall belong to that organisation.
Section 755 [Payment of estate debts]
Inheritance shall entail payment of taxes and debts lawfully payable by the deceased, limited to the estate's actual value. Voluntary payment by an heir beyond that value shall not be restricted.
An heir renouncing inheritance may be relieved of liability to pay those taxes and debts.
Section 756 [Order of payment]
Execution of a legacy shall not prejudice payment of taxes and debts lawfully owed by the testator.
Section 757 [Claims to discretionary provision]
After succession opens, if an heir has not renounced, their inheritance right shall pass to their heirs before disposition of the estate. If an heir is disqualified, their direct descendants by blood shall not inherit by representation; nevertheless, a would-be representative lacking both ability to work and means of support or who substantially supported the deceased may receive an appropriate portion.
Section 758 [Debt payment on division]
The deceased's debts shall be paid before division. If already divided, heirs shall pay in proportion to their inherited shares.
A foetus's share shall be reserved. If stillborn, the reserved share shall pass under intestacy rules.
Section 759 [Reservation for a foetus]
A foetus's share shall be reserved on division. If stillborn, the reserved share shall pass under intestacy rules.
Section 760 [Methods of division]
Division shall serve productive and living needs without impairing utility.
Property unsuitable for division may be dealt with by valuation, appropriate compensation, co-ownership or similar methods.
Section 761 [Transmission of inheritance]
Where an heir dies after succession opens but before division without renouncing, the share to which they were entitled shall pass to their heirs, unless the will provides otherwise.