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Notarization of Taiwanese inheritance from mainland China and legal basis

Legal subjectivity:

In practice, not all of a citizen’s property can be inherited after his death. According to Article 3 of my country’s “Succession Law”, inheritance is The legal personal property left behind when a citizen dies includes the following items: (1) Citizen’s income; (2) Citizen’s house, savings and daily necessities; (3) Citizen’s woods, livestock and poultry; (4) Citizen’s Cultural relics and books and materials; (5) Production means permitted by law to be owned by citizens; (6) Citizens’ property rights in copyrights and patents; (7) Other legal property of citizens. Note: 1. Citizens’ income. Generally refers to citizens’ wages, bonuses, deposits and interest, income from legal business, and property received from gifts or inheritance. 2. Other contract properties of citizens. Generally include the personal income due to individual citizens' contracts; marketable securities; performance of creditor's rights whose subject matter is property; mortgage rights, lien rights, mortgage rights; invention rights, property rights in invention rights; property rights in trademark rights, etc. 3. Inheritance is the legal personal property left behind when a citizen dies. If property arises after death or due to death, such as death pension and death compensation, etc., they are not within the scope of inheritable inheritance. Please note that pensions are payments made by the state to the relatives of the deceased after his or her death. The state pays this kind of fee to provide preferential care and relief to the family members of the deceased, especially those minors who depend on the deceased and relatives who have lost the ability to work. According to relevant regulations, the recipients of pension benefits must meet two conditions: first, they must be the spouse or true relatives of the deceased; second, these relatives relied mainly or partially on the support of the deceased during his lifetime. Therefore, judging from the above provisions, the pension does not belong to the estate of the deceased and cannot be inherited as an inheritance. So how should the inheritance that can be inherited be inherited? What are the inheritance procedures? Please carefully understand the relevant provisions of the inheritance law. If you have any other questions, you are welcome to come online to consult with a professional lawyer. Legal objectivity:

"People's Republic of China and Civil Code"

Article 1123

After the inheritance begins, the legal inheritance shall be Handle it;

If there is a will, it will be handled according to the will inheritance or bequest;

If there is a legacy support agreement, it will be handled according to the agreement.

"Article 1132 of the People's Republic of China and the Civil Code"

The heirs shall act in accordance with the principles of mutual understanding, mutual accommodation, harmony and unity. Spirit, negotiate to deal with inheritance issues. The time, method and shares of inheritance division shall be determined by the heirs through negotiation;

If the negotiation fails, the people's mediation committee may mediate or file a lawsuit with the people's court.