继承法英文版
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华东政法大学《法律英语》之“继承法”译文
继承法继承法明确了人死之后其个人财产的发生之变化，另外，个人为了把遗产分配给其他人或其他组织会采取一定行为，而它也规范了这些行为。
继承法也包括了继承人的权利，该继承人可以是唯一受益人，也可以是受益人之一，也可以被排除在受益人范围之外。
在最近的法律实践当中，继承法处理死者配偶，子女，甚者一些案子中其父母的法定继承。
继承的程序由法律决定，它的内容是那些遗产会发生哪些变化，和一个特定的个体如何成为死者的继承人。
继承法同时解释了继承人的权利和义务。
这里需要特别说明的是，能够被继承的不仅仅是财产，还有债务。
继承法单独阐明了一份遗嘱或意愿书是如何通过法律途径公布的。
遗嘱继承受到法定继承的限制，该法律规定了立遗嘱人可以给家庭成员之外继承人的遗产限额。
继承法也规定了如果没有任何遗嘱，意愿书，或其他表明被继承人处理遗产方法的文件，其财产会如何变动。
之后，它通过对一些继承原则的运用，决定了谁将继承遗产以及继承的份额。
此外，继承法也规定了何时和用何种方式继承人可以拒绝继承，以及在何种情况下它可以被拍卖（但是这仅仅发生在被继承人死后）。
最后，最新的继承法也说明了怎样取得继承令，继承令即是某人合法取得财产之法律证明文件。
美国的无遗嘱继承如果因为某种原因被继承人死前没有制定任何的财产处理意愿，或者意愿存在但于处理财产上却无效，这种被继承人就被称为未留遗嘱的死亡者。
此种遗产将依照不动产所在地所属的那个州的继承和遗产分配法律进行分配。
这些法律不一定与被继承人曾提供的遗嘱相类似。
因为继承物是州政府准许的特权，这种继承物应当被置于法律政策之下，而且这种法律政策会随时被政府变更。
继承和遗产分配法律详尽的解释了决定继承人的严格程序。
在类似的情况中，法定继承可能更多作为民法法系的法律术语之一。
继承法规最大限度的保证和实现了有序的财产物权变动和被继承人有序处理遗产的意愿。
事实上，制定法尝试了以下两个方面：1. 在不损害公共利益的前提下通过实际可行的分配系统分配被继承人的财产；2. 按照最接近于被继承人内心真实、正式的意思表示这种方式分配遗产。
法律英语-Will and Succession 遗嘱和继承
法律英语-Will and Succession 遗嘱和继承.A will needs the signature of the testator and two witnesses.一份遗嘱需要立遗嘱人和两个证人签字.2.He bequeathed his shares to his daughter.他将他的份额遗赠给他的女儿.3.He was named executor of his brother’s will.他被提名做他兄弟的遗嘱执行人.4.He would like part of his estate to go to relatives other than his immediate family.他宁愿奖其部分遗产赠与远亲而非近亲属.5.Hereby revoke all former wills, codicils and testamentary dispositions made by me and declare to be my last will and testament.在此特撤销本人以前订立之所有遗嘱, 遗嘱修订附件及按遗嘱实行的产权处置, 并宣布本遗嘱为人最终之遗嘱.6.She died without issue.她死后无嗣.7.The main beneficiaries of the will are the deceased’s family.遗嘱的主要受益人是死者的家庭成员.8.The will was signed in the presence of two witnesses本遗嘱是在两位证人面前签署的.9.You can disinherit your children.你能够剥夺子女的继承权.10.Your possessions will be distributed by the state under its statute of descent if you die without a will.如一个人无遗嘱死亡,其财产将按州的法定继承法规予以处置.。
新加坡——继承法
INHERITANCE (FAMILY PROVISION) ACT(CHAPTER 138)Short title and application.1.—(1) This Act may be cited as the Inheritance (Family Provision) Act.(2) This Act shall not apply to the estates of deceased Muslims. Interpretation.2. In this Act, unless the context otherwise requires —"annual income" means, in relation to the net estate of a deceased person, the income that the net estate might be expected at the date of the order made under this Act, when realised, to yield in a year;"death duties" means estate duty and every other duty leviable or payable on death;"net estate" means all the property of which a deceased person had power to dispose by his will (otherwise than by virtue of a special power of appointment) less the amount of his funeral, testamentary and administration expenses, debts and liabilities and estate duty payable out of his estate on his death;"Registrar" means the Registrar or the Deputy Registrar of the Supreme Court in all cases where proceedings are taken in the High Court and means the Registrar or Deputy Registrar of the Subordinate Courts where proceedings are taken in a District Court;"will" includes any codicil or other testamentary document;"son" and “daughter”, respectively, include a male or female child adopted by the deceased by virtue of an order made under the provisions of any written law relating to the adoption of children for the time being in force in Singapore, Malaysia or Brunei Darussalam, and also the son or daughter of the deceased en ventre sa mere at the date of the death of the deceased.Power for court to order payment out of net estate of deceased for benefit of surviving spouse or child.3.—(1) Where, after the commencement of this Act, a person dies domiciled in Singapore leaving —(a) a wife or husband;(b) a daughter who has not been married or who is, by reason of some mental or physical disability, incapable of maintaining herself;(c) an infant son; or(d) a son who is, by reason of some mental or physical disability, incapable of maintaining himself,then, if the court on application by or on behalf of any such wife, husband, daughter or son as aforesaid (referred to in this Act as a dependant ofthe deceased) is of opinion that the disposition of the deceased’s estate effected by his will, or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable provision for the maintenance of that dependant, the court may order that such reasonable provision as the court thinks fit shall, subject to such conditions or restrictions, if any, as the court may impose, be made out of the deceased’s net estate for the maintenance of that dependant: Provided that no application shall be made to the court by or on behalf of any person in any case where the disposition of a deceased’s estate effected as aforesaid is such that the surviving spouse is entitled to not less than two-thirds of the income of the net estate and where the only other dependant or dependants, if any, is or are a child or children of the surviving spouse.(2) The provision for maintenance to be made by an order shall, subject to subsection (4), be by way of periodical payments and the order shall provide for their termination not later than —(a) in the case of a wife or husband, her or his remarriage;(b) in the case of a daughter who has not been married, or who is under disability, her marriage or the cesser of her disability, whichever is the later;(c) in the case of an infant son, his attaining the age of 21 years;(d) in the case of a son under disability, the cesser of his disability, or in any case, his or her earlier death.(3) Periodical payments made under subsection (2) to any one dependant shall not be at an annual rate which exceeds the annual income of the net estate, and, where payments are so made to more than one dependant in respect of the same period, the aggregate of the annual rates at which those payments are made shall not exceed the annual income of the net estate.(4) Where the value of a decease d’s net estate does not exceed $50,000, the court shall have power to make an order providing for maintenance, in whole or in part, by way of a lump sum payment.(5) In determining whether, and in what way, and as from what date, provision for maintenance ought to be made by an order, the court shall have regard to the nature of the property representing the deceased’s net estate and shall not order any such provision to be made as would necessitate a realisation that would be improvident having regard to the interests of the deceased’s dependants and of the person who, apart from the order, would be entitled to that property.(6) The court shall, on any application made under this Act, have regard to any past, present or future capital or income from any source of the dependant of the deceased to whom the application relates, to the conduct of that dependant in relation to the deceased and otherwise, and to any other matter or thing which in the circumstances of the case the courtmay consider relevant or material in relation to that dependant, to persons interested in the estate of the deceased, or otherwise. (7) The court shall also, on any such application, have regard to the deceased’s reasons, so far as ascertainable, for making the dispositions made by his will (if any), or for refraining from disposing by will of his estate or part of his estate, or for not making any provision, or any further provision, as the case may be, for a dependant, and the court may accept such evidence of those reasons as it considers sufficient including any statement in writing signed by the deceased and dated, so, however, that in estimating the weight, if any, to be attached to any such statement the court shall have regard to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement.(8) The court in considering for the purposes of subsection (1), whether the disposition of the deceased’s estate effected by the law relating to intestacy, or by the combination of the deceased’s will and that law, makes reasonable provision for the maintenance of a dependant shall not be bound to assume that the law relating to intestacy makes reasonable provision in all cases.Time within which application must be made.4.—(1) Except as provided by this section or section 6, an order under this Act shall not be made save on an application made within 6 months from the date on which representation in regard to the deceased’s estate is first taken out.(2) If it is shown to the satisfaction of the court that the limitation to the said period of 6 months would operate unfairly —(a) in consequence of the discovery of a will or codicil involving a substantial change in the disposition of the deceased’s estate (whether or not involving a further grant of representation);(b) in consequence of a question whether a person had an interest in the estate; or as to the nature of an interest in the estate, not having been determined at the time when representation was first taken out; or (c) in consequence of some other circumstances affecting the administration or distribution of the estate,the court may extend that period.(3) The provisions of this Act shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiration of the said period of 6 months on the ground that they ought to have taken into account the possibility that the court might exercise its power to extend that period, but this subsection shall be without prejudice to any power to recover any part of the estate so distributed arising by virtue of the making of an order under this Act.(4) In considering under this section the question when representation was first taken out, a grant limited to trust property shall be left out of account unless a grant limited to the remainder of the estate has previously been made or is made at the same time.(5) For the purposes of sections 18 (2) and 38 of the Probate and Administration Act a dependant of a deceased person by whom or on whose behalf an application made under this Act is proposed to be made shall be deemed to be a person interested in his estate.Cap. 251 Effect and form of order.5.—(1) Where an order is made under this Act, then for all purposes, including the purposes of the enactments relating to death duties, the will or the law relating to intestacy, or both the will and the law relating to intestacy, as the case may be, shall have effect, and shall be deemed to have had effect a s from the deceased’s death, subject to such variations as may be specified in the order for the purpose of giving effect to the provision for maintenance thereby made.(2) The court may give such consequential directions as it thinks fit for the purpose of giving effect to an order made under this Act, but no larger part of the net estate shall be set aside or appropriated to answer by the income thereof the provision for maintenance thereby made than such a part as, at the date of the order, is sufficient to produce by the income thereof the amount of the said provision.(3) An office copy of every made order under this Act shall be sent to the Registrar for entry and filing, and a memorandum of the order shall be endorsed on, or permanently annexed to, the probate or letters of administration under which the estate is being administered. Variation of orders.6.—(1) On an application made at a date after the expiration of the period specified in section 4 (1), or, as the case may be, of that period as extended under section 4 (2), the court may make such an order as is hereinafter mentioned, but only as respects property the income of which is at that date applicable for the maintenance of a dependant of the deceased, that is to say —(a) an order for varying the previous order on the ground that a material fact was not disclosed to the court when the order was made, or that a substantial change has taken place in the circumstances of the dependant or of a person beneficially interested in the property under the will or, as the case may be, under the law relating to intestacy; or(b) an order for making provision for the maintenance of another dependant of the deceased.(2) An application to the court for an order under subsection (1) (a) may be made by or on behalf of a dependant of the deceased or by the trustees of the property or by or on behalf of a person beneficially interestedtherein under the will or, as the case may be, under the law relating to intestacy.。
长子继承制的英文名词解释
长子继承制的英文名词解释The Explanation of the English Term "Primogeniture"IntroductionIn the realm of inheritance laws, one concept that has been widely debated and practiced historically is primogeniture. Primogeniture refers to a system in which the eldest son inherits the bulk of the family's wealth, estate, or titles upon the death of the patriarch. This practice has been prevalent in various cultures and societies, albeit with some variations. In this article, we will explore the definition and historical context of primogeniture, its significance, and its implications on societal dynamics.Defining PrimogeniturePrimogeniture, derived from the Latin words "primus" (first) and "genitura" (birth), literally means the "firstborn." It is a social custom that designates the eldest son as the principal heir to the family's inheritance, bypassing younger siblings. While primarily associated with landholding families and nobility, primogeniture has also influenced inheritance practices in other domains.Historical ContextThe inheritance system of primogeniture can be traced back to ancient civilizations such as ancient Egypt, Mesopotamia, and ancient Rome. It was deeply entrenched in the feudal societies of medieval Europe, particularly from the 11th century onwards. The system played a crucial role in establishing and maintaining a lineage's wealth, power, and social standing. However, it is important to note that primogeniture was not exclusive to Europe, as variants of the system existed in other regions, including parts of Africa and Asia.Significance of PrimogeniturePrimogeniture served multiple purposes within societies. Firstly, it provided stability by ensuring a clear line of succession, reducing the likelihood of conflicts and powerstruggles among siblings. This allowed for the efficient transfer of wealth and property from one generation to the next. Secondly, by concentrating wealth and power in the hands of the eldest son, primogeniture aimed to strengthen the family's position in society. This concentration of resources allowed families to maintain their social status, consolidate political influence, and protect their assets from fragmentation.Implications of PrimogenitureWhile primogeniture may have brought stability and continuity to certain families, it also had its drawbacks and societal implications. One significant consequence was the disinheritance of younger children, particularly daughters, who were often excluded from inheriting significant portions of the family's wealth. This fostered gender inequalities and hindered social mobility for women, restricting their access to economic and social opportunities. Moreover, primogeniture contributed to the accumulation of immense wealth and power in the hands of a few, exacerbating socioeconomic disparities in society.Alternatives and EvolutionsOver time, primogeniture has faced challenges and modifications in different societies. Several cultures have embraced systems such as ultimogeniture, where the youngest son inherits or equal division, where the inheritance is equally distributed among all siblings. These alternatives sought to address the inequalities perpetuated by primogeniture and promote a more egalitarian approach to inheritance. Gradually, many countries also incorporated legislative reforms that abolished or altered the traditional primogeniture system, ensuring a fairer distribution of wealth and opportunities among heirs.ConclusionPrimogeniture, as a term, encompasses the centuries-old practice of favoring the eldest son's inheritance rights. Rooted in historical and cultural contexts, this system played a vital role in ensuring the continuity and prosperity of certain families. However, it also perpetuated gender disparities and concentrated wealth in the hands of a few,thereby contributing to social inequality. As societies evolved, alternatives and reforms came into play, aiming to rectify these imbalances and promote a more equitable distribution of inheritance. Understanding the concept of primogeniture provides valuable insights into the complexities of societal structures and the challenges of achieving a just and inclusive society.。
英美法律遗产继承案例(3篇)
第1篇一、背景介绍约翰逊家族是一个历史悠久且富裕的家族，家族成员遍布全球各地。
近年来，家族长辈约翰逊先生因病去世，留下了巨额遗产。
然而，遗产的继承问题却引发了家族内部的激烈争议。
本文将以英美法律为背景，对约翰逊家族遗产纠纷案进行详细分析。
二、案情概述约翰逊先生共有三个子女，分别为约翰、玛丽和托马斯。
在约翰逊先生的遗嘱中，他将遗产分为三份，分别留给约翰、玛丽和托马斯。
然而，在遗产分配过程中，玛丽和托马斯认为遗嘱存在欺诈行为，遂将约翰告上法庭，要求重新分配遗产。
三、法律依据1. 英美法律体系英美法律体系以普通法为主，以判例法为辅。
在遗产继承方面，英国法律主要依据《1984年遗嘱法》和《1986年遗产法》。
美国法律则依据各州的法律规定，但普遍遵循《美国遗产法》的基本原则。
2. 遗嘱法原则遗嘱法规定，遗嘱是死者生前对遗产的分配意愿的表示。
只要遗嘱符合法律规定，即可成为有效的遗嘱。
3. 欺诈行为认定欺诈行为是指一方当事人通过欺骗、隐瞒等手段，使对方陷入错误认识，从而损害对方利益的行为。
在遗产继承纠纷中，欺诈行为的认定对于案件结果具有重要影响。
四、案例分析1. 遗嘱有效性约翰逊先生的遗嘱在形式上符合法律规定，具备法律效力。
然而，玛丽和托马斯认为遗嘱存在欺诈行为，要求法院认定遗嘱无效。
2. 欺诈行为认定在法庭审理过程中，玛丽和托马斯提供了以下证据：（1）约翰在遗嘱签署前曾向约翰逊先生提出修改遗嘱的要求，但遭到拒绝。
（2）约翰在遗嘱签署后，曾多次与约翰逊先生进行过关于遗产分配的谈话，试图影响约翰逊先生的决策。
（3）约翰在约翰逊先生去世后，迅速安排了遗产分配事宜，表明其具有强烈的继承意愿。
法院经过审理，认为约翰的行为构成了欺诈。
理由如下：（1）约翰在遗嘱签署前试图修改遗嘱，表明其具有干预遗嘱意愿的动机。
（2）约翰在遗嘱签署后与约翰逊先生进行关于遗产分配的谈话，试图影响约翰逊先生的决策，表明其具有欺诈的故意。
（3）约翰在约翰逊先生去世后迅速安排遗产分配事宜，表明其具有实施欺诈行为的后果。
1701年王位继承法
王位继承法王位继承法总说：现在世界上的国王几乎都是终身制，王位的继承也是世袭制。
但王位继承法却因国而异。
嫡长子孙继承法是很多国家采用的方法，这种继承法和中国古代皇家的继承法相类似。
如果皇帝无子，则从皇室近亲过继，继承大统。
现在日本、不丹、尼泊尔、西班牙的皇位继承大致都是这样。
英国实行的王位继承法是男女都有继承权，但规定先男后女，先长后幼的原则。
现在英国女王伊丽莎白二世就是因为老王乔治只生下她们姐妹俩，她是姐姐，所以登上了国王的宝座。
而王储必须等到现任国王驾崩才有资格登基。
至于要等多长时间，那就很难预测了。
如挪威国王奥拉夫五世今年已80多岁了，王储也逾花甲之年，但还得等下去。
英国王位继承法1701年英国王位继承法 (一七OO年制订，一七O一年公布)第一条当今国王无嗣，死后其王位由安妮公主（Anne）继承，安妮公主无嗣，死后其王位由国王詹姆士一世的孙女、已故波希米王后的女儿、汉诺威选侯索菲亚公主及其信仰新教的后裔继承。
当今国王陛下及丹麦安娜公主都无后嗣时，英格兰、法兰西、爱尔兰领土以及所属自治领的王位与尊号，由已故国王詹姆士一世的孙女、已故波希米王后伊丽莎白公主的女儿、汉诺威选侯索菲亚公主继承。
当今国王陛下及丹麦安娜公主死后，如果都无后嗣，英格兰、法兰西、爱尔兰领土以及所属自治领的王位、王政、以及英国君主所享有的一切荣誉、称号、皇权、特权、权力与权威等，都应归属于该索菲亚公主及其信仰新教的后裔。
贵族院议员及平民院议员本身及其后代，应当以全国人民的名义，在当今国王陛下公主殿下和安娜死后并且无后嗣时，按照本法关于王位继承的限制规定，坚决拥护和保卫索菲亚公主及其信仰新教的后裔，并竭力以生命和财产对任何企图反对者加以摈斥。
国外财产继承法律规定(3篇)
第1篇财产继承是指个人在其死亡后，按照法律规定将财产转移给法定继承人或其他指定继承人的法律行为。
不同国家的财产继承法律规定各有特色，以下将对一些主要国家的财产继承法律制度进行概述。
一、美国财产继承法律规定1. 继承税制美国实行联邦和州两级继承税制。
联邦继承税对死者遗产价值超过一定数额的部分征税，而州继承税则由各州自行制定。
2. 继承顺序美国继承顺序分为法定继承和遗嘱继承。
法定继承是指在没有遗嘱的情况下，按照法律规定将财产分配给死者亲属。
遗嘱继承是指死者生前立有遗嘱，按照遗嘱内容分配财产。
3. 法定继承顺序（1）配偶：死者配偶是第一顺位继承人，可以继承全部遗产。
（2）子女：如果死者有子女，配偶可以继承1/2的遗产，子女平分剩余的1/2。
（3）父母：如果死者有父母，配偶可以继承1/3的遗产，子女和父母各继承1/6。
（4）兄弟姐妹：如果死者没有配偶、子女和父母，兄弟姐妹可以继承遗产。
4. 遗嘱继承遗嘱继承是指死者生前立有遗嘱，按照遗嘱内容分配财产。
遗嘱可以是口头遗嘱、书面遗嘱或公证遗嘱。
二、英国财产继承法律规定1. 继承税制英国实行遗产税制，对死者遗产价值超过一定数额的部分征税。
2. 继承顺序英国继承顺序分为法定继承和遗嘱继承。
法定继承是指在没有遗嘱的情况下，按照法律规定将财产分配给死者亲属。
3. 法定继承顺序（1）配偶：死者配偶是第一顺位继承人，可以继承全部遗产。
（2）子女：如果死者有子女，配偶可以继承1/2的遗产，子女平分剩余的1/2。
（3）父母：如果死者有父母，配偶可以继承1/3的遗产，子女和父母各继承1/6。
（4）兄弟姐妹：如果死者没有配偶、子女和父母，兄弟姐妹可以继承遗产。
4. 遗嘱继承遗嘱继承是指死者生前立有遗嘱，按照遗嘱内容分配财产。
遗嘱可以是书面遗嘱或公证遗嘱。
三、德国财产继承法律规定1. 继承税制德国实行遗产税制，对死者遗产价值超过一定数额的部分征税。
2. 继承顺序德国继承顺序分为法定继承和遗嘱继承。
英国王位继承法
英国《王位继承法》【简介：原文为Act of Settlement，1701年由英国国会通过并公布，是英国又一宪法性文件，主要对英国王位继承顺序作了详细安排，明确规定天主教徒不能担任英国国王，解决了长期困扰英国政局的王位继承问题。
】第一条当今国王无嗣，死后其王位由安娜公主继承，安娜公主无嗣，死后其王位由国王詹姆士一世的孙女、已故波希米王后的女儿、汉诺威选侯索菲亚公主及其信仰新教的后裔继承。
当今国王陛下及丹麦安娜公主都无后嗣时，英格兰、法兰西、爱尔兰领土以及所属自治领的王位与尊号，由已故国王詹姆士一世的孙女、已故波希米王后伊丽莎白公主的女儿、汉诺威选侯索菲亚公主继承。
当今国王陛下及丹麦安娜公主死后，如果都无后嗣，英格兰、法兰西、爱尔兰领土以及所属自治领的王位、王政、以及英国君主所享有的一切荣誉、称号、皇权、特权、权力与权威等，都应归属于该索菲亚公主及其信仰新教的后裔。
贵族院议员及平民院议员本身及其后代，应当以全国人民的名义，在当今国王陛下公主殿下和安娜死后并且无后嗣时，按照本法关于王位继承的限制规定，坚决拥护和保卫索菲亚公主及其信仰新教的后裔，并竭力以生命和财产对任何企图反对者加以槟斥。
第二条按照本法可以继承王位、坚持同罗马教会交往者，按照威廉国王和玛丽女王第一年的法令第六章的规定，均无资格按前举法令宣誓加冕。
凡按照本法的限制规定可以继承王位者，若现在或将来同罗马教廷或者教会和好，或者保持交往，或者信奉罗马天主教或者与罗马天主教徒结婚，都应按照前举法令所规定和确认的情形，丧失继承的资格。
凡依照本法而即王位的国王和女王，都应在加冕时，按照当今国王和已故玛丽女王统治第一年所制定的国会法令（称为加冕宣誓法），举行宣誓仪式，并且应当依照该项法令所定的手续和方式，签署并朗诵其中所规定的誓词。
第三条关于保障这些领地的宗教、法律和自由的更详明的规定。
当今国玉和丹麦安娜公主死后且无后嗣时，为保障我们的宗教、法律和自由，制订更详明的规定是必要的和必不可少的。
2019年继承法(英文版)Law of Succession of the People's Republic of China
2019年继承法（英文版）Law of Succession of the People'sRepublic of China正文：继承法（英文版）Law of Succession of the People's Republic of ChinaAdopted at the Third Session of the Sixth National People's Congress，promulgated by Order No. 24 of the President of the People's Republic of China on April 10， 1985， and effective as of October 1， 1985ContentsChapter I General ProvisionsChapter II Statutory SuccessionChapter III Testamentary Succession and LegacyChapter IV Disposition of the EstateChapter V Supplementary ProvisionsChapter I General ProvisionsArticle 1This Law is enacted pursuant to the provisions of the Constitution of the People's Republic of China with a view to protecting the right of citizens to inherit private property.Article 2Succession begins at the death of a citizen.Article 3Estate denotes the lawful property owned by a citizen personally at the time of his death， which consists of：（1） his income；（2） his houses， savings and articles of everyday use；（3） his forest trees， livestock and poultry；（4） his cultural objects， books and reference materials；（5） means of production lawfully owned by him；（6） his property rights pertaining to copyright and patent rights； and（7） his other lawful property.Article 4Personal benefits accruing from a contract entered into by an individual are heritable in accordance with the provisions of this Law. Contracting by an individual， if permitted by law to be continued by the successor， shall be treated in accordance with the terms of the contract.Article 5Succession shall， after its opening， be handled in accordance with the provisions of statutory succession； where a will exists， it shall be handled in accordance with testamentary succession or as legacy； where there is an agreement for legacy in return for support， the former shall be handled in accordance with the terms of the agreement.Article 6The right to inheritance or legacy of a competent person shall be exercised on his behalf by his statutory agent. The right to inheritance or legacy of a person with limited capacity shall be exercised on his behalf by his statutory agent or by such person himself after obtaining the consent of his statutory agent.Article 7A successor shall be disinherited upon his commission of any one of the following acts：（1） intentional killing of the decedent；（2） killing any other successor in fighting over the estate；（3） a serious act of abandoning or maltreating the decedent； or（4） a serious act of forging， tampering with or destroying the will.Article 8The time limit for institution of legal proceedings pertaining to disputes over the right to inheritance is two years， counting from the day the successor became or should have become aware of the violation of his right to inheritance. No legal proceedings， however， may be instituted after the expiration of a period of 20 years from the day succession began.Chapter II Statutory SuccessionArticle 9Males and females are equal in their right to inheritance.Article 10The estate of the decedent shall be inherited in the following order：First in order： spouse， children， parents.Second in order： brothers and sisters， paternal grandparents， maternal grandparents. When succession opens， the successor（s） first in order shall inherit to the exclusion of the successor（s） second in order. The successor （s） second in order shall inherit in default of any successor first in order.The “children” referred to in this Law include legitimate children，illegitimate children and adopted children， as well as step-children who supported or were supported by the decedent.The “parents” referred to in this Law include natural parents and adoptive parents， as well as step-parents who supported or were supported by the decedent.The “brothers and sisters” referred to in this Law include bloodbrothers and sisters， brothers and sisters of half blood， adopted brothers and sisters， as well as step-brothers and step-sisters who supported or were supported by the decedent.Article 11Where a decedent survived his child， the direct lineal descendants of the predeceased child inherit in subrogation. Descendants who inherit in subrogation generally shall take only the share of the estate their father or mother was entitled to.Article 12Widowed daughters-in-law or sons-in-law who have made the predominant contributions in maintaining their parents-in-law shall， in relationship to their parents-in-law， be regarded as successors first in order.Article 13Successors same in order shall， in general， inherit in equal shares. At the time of distributing the estate， due consideration shall be given to successors who are unable to work and have special financial difficulties.At the time of distributing the estate， successors who have made the predominant contributions in maintaining the decedent or have lived with the decedent may be given a larger share.At the time of distributing the estate， successors who had the ability and were in a position to maintain the decedent but failed to fulfil their duties shall be given no share or a smaller share of the estate.Successors may take unequal shares if an agreement to that effect is reached among them.Article 14An appropriate share of the estate may be given to a person， other than a successor， who depended on the support of the decedent and who neither can work nor has a source of income， or to a person， other than a successor，who was largely responsible for supporting the decedent.Article 15Questions pertaining to succession should be dealt with through consultation by and among the successors in the spirit of mutual understanding and mutual accommodation， as well as of amity and unity. The time and modefor partitioning the estate and the shares shall be decided by the successors through consultation. If no agreement is reached through consultation， they may apply to a People's Mediation Committee for mediation or institute legal proceedings in a people's court.Chapter III Testamentary Succession and LegacyArticle 16A citizen may， by means of a will made in accordance with the provisions of this Law， dispose of the property he owns and may appoint a testamentaryexecutor for the purpose. A citizen may， by making a will， designate one or more of the statutory successors to inherit his personal property.A citizen may， by making a will， donate his personal property to the state or a collective， or bequeath it to persons other than the statutory successors.Article 17A notarial will is one made by a testator through a notary agency.A testator-written will is one made in the testator's own handwriting and signed by him， specifying the date of its making.A will written on behalf of the testator shall be witnessed by two or more witnesses， of whom one writes the will， dates it and signs it along with the other witness or witnesses and with the testator.A will made in the form of a sound-recording shall be witnessed by two or more witnesses.A testator may， in an emergency situation， make a nuncupative will，which shall be witnessed by two or more witnesses. When the emergencysituation is over and if the testator is able to make a will in writing or in the form of a sound-recording， the nuncupative will he has made shall be invalidated.Article 18None of the following persons shall act as a witness of a will：（1） persons with no capacity or with limited capacity；（2） successors and legatees； or（3） persons whose interests are related to those of the successors and legatees.Article 19Reservation of a necessary portion of an estate shall be made in a willfor a successor who neither can work nor has a source of income.Article 20A testator may revoke or alter a will he previously made.Where several wills that have been made conflict with one another in content， the last one shall prevail.A notarial will may not be revoked or altered by a testator-written will，a will written on behalf of the testator， a will in the form of a sound-recording or a nuncupative will.Article 21Where there are obligations attached to testamentary succession or legacy，the successor or legatee shall perform them. Anyone who fails to perform the obligations without proper reasons may， upon request by a relevantorganization or individual， entail nullification of his right to inheritance by a people's court.Article 22Wills made by persons with no capacity or with limited capacity shall be void. Wills shall manifest the genuine intention of the testators； those made under duress or as a result of fraud shall be void.Forged wills shall be void.Where a will has been tampered with， the affected parts of it shall be void.Chapter IV Disposition of the EstateArticle 23After the opening of succession， a successor who has knowledge of the death should promptly notify the other successors and the testamentary executor. If one of the successors knows about the death or if there is no way to make the notification， the organization to which the decedent belonged before his death or the residents' committee or villagers' committee at his place of residence shall make the notification.Article 24Anyone who has in his possession the property of the decedent shall take good care of such property and no one is allowed to misappropriate it or contend for it.A successor who， after the opening of succession， disclaims inheritance should make known his decision before the disposition of the estate. In the absence of such an indication， he is deemed to have accepted the inheritance.A legatee should， within two months from the time he learns of the legacy，make known whether he accepts it or disclaims it. In the absence of such an indication within the specified period， he is deemed to have disclaimed the legacy.Article 26If a decedent's estate is partitioned， half of the joint propertyacquired by the spouses in the course of their matrimonial life shall， unless otherwise agreed upon， be first allotted to the surviving spouse as his orher own property； the remainder shall constitute the decedent's estate.If the decedent's estate is a component part of the common property of his family， that portion of the property belonging to the other members of the family shall first be separated at the time of the partitioning of thedecedent's estate.Article 27Under any of the following circumstances， the part of the estate affected shall be dealt with in accordance with statutory succession：（1） where inheritance is disclaimed by a testamentary successor or the legacy is disclaimed by a legatee；（2） where a testamentary successor is disinherited；（3） where a testamentary successor or legatee predeceases the testator；（4） where an invalidated portion of the will involves part of the estate；or（5） where no disposition is made under the will for part of the estate.Article 28At the time of the partitioning of the estate， reservation shall be made for the share of an unborn child. The share reserved shall， if the baby is stillborn， be dealt with in accordance with statutory succession.The partitioning of a decedent's estate shall be conducted in a way beneficial to the requirements of production and livelihood； it shall not diminish the usefulness of the estate.If the estate is unsuitable for partitioning， it may be disposed of by such means as price evaluation， appropriate compensation or co-ownership.Article 30A surviving spouse who remarries is entitled to dispose of the property he or she has inherited， subject to no interference by any other person.Article 31A citizen may enter into a legacy-support agreement with a person who， in accordance with the agreement， assumes the duty to support the former in his or her lifetime and attends to his or her interment after death， in returnfor the right to legacy. A citizen may enter into a legacy-support agreement with an organization under collective ownership which， in accordance with the agreement， assumes the duty to support the former in his or her lifetime and attends to his or her interment after death， in return for the right to legacy.Article 32An estate which is left with neither a successor nor a legatee shall belong to the state or， where the decedent was a member of an organization under collective ownership before his or her death， to such an organization.Article 33The successor to an estate shall pay all taxes and debts payable by the decedent according to law， up to the actual value of such estate， unless the successor pays voluntarily in excess of the limit.The successor who disclaims inheritance assumes no responsibility for the payment of taxes and debts payable by the decedent according to law.Article 34The carrying out of a legacy shall not affect the payment of taxes and debts payable by the legator according to law.Chapter V Supplementary ProvisionsArticle 35The people's congress of a national autonomous area may， in accordancewith the principles of this Law and the actual practices of the localnationality or nationalities with regard to property inheritance， enact adaptive or supplementary provisions. Provisions made by autonomous regions shall be reported to the Standing Committee of the National People's Congress for the record. Provisions made by autonomous prefectures or autonomouscounties shall become effective after being reported to and approved by the standing committee of the people's congress of the relevant province or autonomous region and shall be reported to the Standing Committee of the National People's Congress for the record.Article 36For inheritance by a Chinese citizen of an estate outside the People's Republic of China or of an estate of a foreigner within the People's Republicof China， the law of the place of domicile of the decedent shall apply in the case of movable property； in the case of immovable property， the law of the place where the property is located shall apply. For inheritance by aforeigner of an estate within the People's Republic of China or of an estateof a Chinese citizen outside the People's Republic of China， the law of the place of domicile of the decedent shall apply in the case of movable property；in the case of immovable property， the law of the place where the property is located shall apply. Where treaties or agreements exist between the People's Republic of China and foreign countries， matters of inheritance shall be handled in accordance with such treaties or agreements.Article 37This Law shall go into effect as of October 1， 1985.（转自中国律师网）。
SuccessionLaw：继承法
LexisNexis ® Practical GuidanceFast, easy, trusted. It’s smart guidance for the real lawyer./practicalguidance®Practical Guidance is your everyday tool for essential online legal research.Practical Guidance cuts down research time for your succession law practice by providing all the legal tools you need in one place. Handy guidance notes, overviews, cases, legislation, precedents, forms and checklists are provided to help you access the required information faster and more easily.This comprehensive module covers eight topics, including: wills, will drafting, capacity to sign, grant of probate, letters of administration, claims against the estate, estate administration, contested proceedings and resources related to other jurisdictions.Simplify your daily practice with Practical Guidance — Succession Law.Alison GilbertBrookfields Lawyers Senior Associate123456789Discover LexisNexis Practical Guidance – Succession LawThe intuitive search features, combined with easy links to deeper LexisNexis NZ research, regularcontent updates and quick links to relevant external sites will save you time and streamline your research process.Your homepage is designed by practice area, so you will see all succession law tools in one place. By subscribing to multiple modules packaged into affordable collections, you’ll have quick and easyaccess on the homepage to your other practice areas.What’s included?/practicalguidance/succession1Browse TopicsThe content within Practical Guidance is organised by topic. Simply select the topic relating to the matter that you are working on and you will be presented with a page that provides you with all the key information you need to get started.2SearchThe search function allows you to search and find information across your practice area. You can conduct a broad text search or limit your search to a particular type of content, such as cases or precedents.3ChecklistsChecklists walk you through a matter so you never miss a step when completing procedural work. The checklists can be downloaded and saved to your computer for convenience.4PrecedentsWritten by our expert authors specifically for Practical Guidance and sourced from LexisNexis flagship products, the precedents in Practical Guidance are regularly reviewed and updated to ensure comprehensiveness, accuracy and currency.5What’s New and Latest Legal UpdatesThis feature keeps you informed of developments in your area of practice. This section highlights updates to the content within Practical Guidance. You can also subscribe to receive this information in a weekly email alert which includes news and recent case updates.6Recently Viewed DocumentsThis feature allows you to easily refer back to documents you’ve viewed recently. This is especially useful when you use the same documents on a regular basis.7OverviewThe overview tab provides access to a clear and concise introduction to,and summary of each topic, allowing you to find the information you need quickly and reducing the time ittakes to browse through information.8GuidanceThe guidance tab provides more in-depth practical commentary on the issue, while allowing you to link to all Practical Guidance content types,including cases, legislation, forms,precedents and checklists.9CommentaryThe commentary tab provides access to other sources ofcommentary on our online legal research platform, LexisNexis NZ.• 8 topics• 14 subtopics with overviews • 43 guidance notes• 12 checklists • 64 precedents • 80 excerptsWhat topics are covered?• Will drafting • Capacity to sign • Grant of probate• Letters of administration • Claims against the estate • Estate administration • Contested proceedings •Other jurisdictionsThe selected topics provide quick access to the core information that you need to practice in succession law. Our online services are updated constantly so you can be sure you always have access to the most up-to-date information. What sources are referenced?• Wills and Succession (NZ)• Law of Trusts (NZ)• Family Law Service• Fisher on Matrimonial and Relationship Property • All England Law Reports• New Zealand Forms and Precedents • New Zealand Law Reports•New Zealand Family Law ReportsFor more information or to register for a free trial and demonstration, visit /practicalguidance or call 0800 800 986.© 2014 LexisNexis NZ Limited. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., and used under licence.• District Court Reports• New Zealand Administrative Reports• Unreported Judgments • New Zealand Statutes • New Zealand Regulations • The Laws of New ZealandAuthor Firms:The Advisor for the Succession Law module is Alison Gilbert of Brookfields Lawyers. Alison is a respected expert in the field of succession law and is the chair of the New Zealand branch of the Society of Trust and Estate Practitioners.C C 052014B R“A will is the one document every client needs. Unfortunately the importance of a well structured will, particularly in these times of complex family relationships, is often overlooked in favour of more commercial aspects of law. I am therefore pleased to be involved in LexisNexis Practical Guidance – Succession Law. This module provides practical tips, with links to relevant statutes and cases, to assist practitioners in guiding clients through the process of executing a will.”Alison Gilbert, Special Counsel, Brookfields Lawyers and Author of Practical Guidance – Succession Law®。
(五)中国法律法规中英对照系列
2002年10月
70
6.00
553
38915
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554
36599
中华人民共和国个人所得税法·中华人民共和国税收征管法(中英对照)
全国人大
2002年9月
50
8.00
555
36599
中华人民共和国行政处罚法·中华人民共和国行政监察法(中英对照)
30
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532
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2003年2月
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12.00
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中华人民共和国担保法·信托法(中英对照)
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534
39873
中华人民共和国立法法(中英对照)
全国人大
2003年2月
80
7.00
535
39873
税收法律法规(中英对照)
全国人大
2003年5月
30
18.00
文化部外联局编
2006.6
35
15.00
510
48651
行政法与社会法：双语对照法规
法律社 法规中心
2004年7月
25
10.00
511
48651
刑法与刑事诉讼法：双语对照法规
法律社 法规中心
2004年7月
17
15.00
512
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经济法：双语对照法规
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法律英语：继承法(三)
第三章遗嘱继承和遗赠Chapter III Testamentary Succession and Legacy1第十六条公民可以依照本法规定立遗嘱处分个人财产，并可以指定遗嘱执行人。
Article 16 A citizen may, by means of a will made in accordance with the provisions of this Law, dispose of the property he owns and may appoint a testamentary executor for the purpose.公民可以立遗嘱将个人财产指定由法定继承人的一人或者数人继承。
A citizen may, by making a will, designate one or more of the statutory successors to inherit his personal property.公民可以立遗嘱将个人财产赠给国家、集体或者法定继承人以外的人。
A citizen may, by making a will, donate his personal property to the state or a collective, or bequeath it to persons other than the statutory successors.第十七条公证遗嘱由遗嘱人经公证机关办理。
Article 17 A notarial2 will is one made by a testator through a notary3 agency.自书遗嘱由遗嘱人亲笔书写，签名，注明年、月、日。
A testator-written will is one made in the testator's own handwriting and signed by him, specifying4 the date of its making.代书遗嘱应当有两个以上见证人在场见证，由其中一人代书，注明年、月、日，并由代书人、其他见证人和遗嘱人签名。
法律英语：继承法(二)
第二章法定继承Chapter II Statutory Succession第九条继承权男女平等。
Article 9 Males and females are equal in their right to inheritance.第十条遗产按照下列顺序继承：Article 10 The estate of the decedent shall be inherited in the following order:第一顺序：配偶、子女、父母。
First in order: spouse1, children, parents.第二顺序：兄弟姐妹、祖父母、外祖父母。
Second in order: brothers and sisters, paternal2 grandparents, maternal3 grandparents.继承开始后，由第一顺序继承人继承，第二顺序继承人不继承。
没有第一顺序继承人继承的，由第二顺序继承人继承。
When succession opens, the successor(s) first in order shall inherit to the exclusion4 of the successor(s) second in order. The successor(s) second in order shall inherit in default of any successor first in order.本法所说的子女，包括婚生子女、非婚生子女、养子女和有扶养关系的继子女。
The "children" referred to in this Law include legitimate5 children, illegitimate children and adopted children, as well as step-children who supported or were supported by the decedent.本法所说的父母，包括生父母、养父母和有扶养关系的继父母。
法律英语：继承法(四)
第四章遗产的处理Chapter IV Disposition1 of the Estate第二十三条继承开始后，知道被继承人死亡的继承人应当及时通知其他继承人和遗嘱执行人。
继承人中无人知道被继承人死亡或者知道被继承人死亡而不能通知的，由被继承人生前所在单位或者住所地的居民委员会、村民委员会负责通知。
Article 23 After the opening of succession, a successor who has knowledge of the death should promptly2 notify the other successors and the testamentary executor. If one of the successors knows about the death or if there is no way to make the notification, the organization to which the decedent belonged before his death or the residents' committee or villagers' committee at his place of residence shall make the notification.第二十四条存有遗产的人，应当妥善保管遗产，任何人不得侵吞或者争抢。
Article 24 Anyone who has in his possession the property of the decedent shall take good care of such property and no one is allowed to misappropriate it or contend for it.第二十五条继承开始后，继承人放弃继承的，应当在遗产处理前，作出放弃继承的表示。
继承公证英文(2篇)
第1篇Introduction:Inheritance certification, also known as probate, plays a crucial rolein the legal succession process. It ensures that the deceased's assets are distributed fairly and legally among their heirs. This article aims to discuss the significance of inheritance certification, its legal framework, and the process involved in obtaining it.I. The Significance of Inheritance Certification1. Ensuring Fair Distribution of AssetsOne of the primary reasons for obtaining inheritance certification is to ensure that the deceased's assets are distributed fairly among their heirs. Without probate, there may be disputes and conflicts over the ownership of assets, leading to financial and emotional turmoil.2. Legal Recognition of HeirsInheritance certification provides legal recognition to the heirs, thereby establishing their rights to the deceased's assets. This recognition is crucial for the heirs to claim their share without any legal hindrance.3. Clearing Debts and LiabilitiesThe deceased's estate may have outstanding debts and liabilities. Inheritance certification helps in identifying these debts and ensuring that they are settled before the distribution of assets among the heirs.4. Avoiding Fraud and MisconductProbate acts as a deterrent to fraud and misconduct by ensuring that the deceased's assets are managed and distributed transparently.II. Legal Framework of Inheritance Certification1. Probate LawsEach country has its own set of probate laws that govern the inheritance certification process. These laws vary in terms of eligibility criteria, procedures, and documentation requirements. It is essential to consult the relevant legal framework to understand the specific requirements for inheritance certification in a particular jurisdiction.2. Executors and AdministratorsExecutors and administrators are responsible for managing the deceased's estate and ensuring the smooth progression of the probate process. Executors are named in the deceased's will, while administrators are appointed by the court if there is no will.3. Grant of ProbateThe grant of probate is a legal document issued by the court, authorizing the executor or administrator to manage the deceased's estate. It serves as proof that the executor or administrator has the authority to act on behalf of the estate.III. Process of Obtaining Inheritance Certification1. Identification of HeirsThe first step in the probate process is to identify the heirs. This may involve locating the deceased's will, if available, and determining the legal heirs (e.g., children, spouse) or beneficiaries (e.g., charity organizations).2. Notification of HeirsHeirs must be notified of the deceased's death and the probate process. This ensures that they are aware of their rights and responsibilities.3. Collection of AssetsThe executor or administrator is responsible for collecting the deceased's assets, including bank accounts, property, and investments. It is essential to ensure that all assets are accounted for to avoid disputes.4. Payment of Debts and LiabilitiesOutstanding debts and liabilities must be identified and settled from the deceased's estate. This may involve negotiating with creditors and paying off taxes and other financial obligations.5. Distribution of AssetsOnce all debts and liabilities have been settled, the remaining assets are distributed among the heirs according to the deceased's will or the legal framework governing inheritance.6. Closing the EstateThe final step in the probate process is to close the estate. This involves filing the necessary documents with the court and ensuring that all legal requirements have been met.Conclusion:Inheritance certification is a crucial aspect of the legal succession process, ensuring the fair and legal distribution of the deceased's assets. By understanding the significance of inheritance certification, its legal framework, and the process involved, individuals can better navigate the probate process and protect their rights as heirs. It is advisable to seek legal advice to ensure that the probate process is handled efficiently and effectively.第2篇Introduction:Inheritance certification is an essential legal process that plays a crucial role in ensuring the rights of beneficiaries and clarifying probate issues. This article aims to provide a comprehensive overview of inheritance certification, its importance, and the steps involved in obtaining it. By understanding the process and its significance, individuals can ensure that their legal rights are protected and probate issues are resolved smoothly.I. Understanding Inheritance Certification:A. Definition:Inheritance certification, also known as probate certificate or grant of representation, is a legal document issued by a court or probate office that confirms the authority of an executor or administrator to manage the deceased person's estate. It serves as proof that the executor or administrator has the legal right to act on behalf of the deceased's estate and distribute its assets to the rightful beneficiaries.B. Importance:1. Legal Authorization: Inheritance certification provides legal authorization to the executor or administrator to manage the deceased person's estate, including selling assets, paying debts, anddistributing the remaining property to beneficiaries.2. Protection of Beneficiaries' Rights: It ensures that beneficiaries' rights are protected by confirming that the executor or administrator is legally entitled to handle the estate.3. Clarification of Probate Issues: It helps clarify any disputes or uncertainties related to the deceased person's estate, such as the rightful ownership of assets or the determination of beneficiaries.4. Facilitation of Financial Transactions: Inheritance certification is often required to transfer property or settle financial obligations associated with the deceased person's estate.II. Steps to Obtain Inheritance Certification:A. Determine Executor or Administrator:1. Executors: Executors are individuals named in the deceased person's will who have the legal authority to manage the estate.2. Administrators: If the deceased person did not leave a will, an administrator is appointed by the court to manage the estate.B. Gather Required Documents:1. Death Certificate: A certified copy of the deceased person's death certificate is required to prove the person's death.2. Will (if applicable): A copy of the deceased person's will, if any, is necessary to determine the executor or administrator.3. Identification Documents: Valid identification documents for the executor or administrator, such as a passport or driver's license.4. Proof of Relationship: Documentation proving the executor or administrator's relationship to the deceased person, such as a birth certificate or marriage certificate.C. File a Probate Application:1. Contact the Probate Court: Locate the appropriate probate court in the deceased person's jurisdiction.2. Complete the Application: Fill out the probate application form, providing information about the deceased person, executor or administrator, and the estate.3. Pay Probate Fees: Probate courts charge fees for processing probate applications. The amount may vary depending on the jurisdiction and the value of the estate.D. Attend a Probate Hearing (if required):1. Notice to Beneficiaries: The executor or administrator must notify all beneficiaries of the probate hearing, if required.2. Court Hearing: Attend the probate hearing to present the application and any other necessary evidence.3. Court Decision: The court will review the application and determine whether to issue an inheritance certification.E. Obtain Inheritance Certification:1. Executor or Administrator's Role: Once the probate application is approved, the executor or administrator is granted inheritance certification.2. Certification Process: The probate court or probate office will issue the inheritance certification, which confirms the executor or administrator's authority to manage the estate.III. Conclusion:Inheritance certification is a vital legal process that ensures the rights of beneficiaries and clarifies probate issues. By understanding the importance of inheritance certification and the steps involved in obtaining it, individuals can protect their legal rights and facilitate the smooth resolution of probate matters. Consulting with a qualified attorney or probate professional is recommended to ensure compliance with legal requirements and to navigate any complexities that may arise during the process.。
遗产的英语表达
遗产的英语表达全文共四篇示例，供读者参考第一篇示例：遗产是指一个人在去世后留给后代或他人的财产或物品。
遗产可以包括金钱、不动产、股票、债券、珠宝、艺术品等各种形式的财产。
遗产是人们一生努力工作所积累的财富和财产，也是一种传承和延续。
遗产在不同文化和国家有着不同的传统和规定。
在英国和美国等国家，遗产的分配一般遵循遗嘱的规定，即根据去世者所留下的遗嘱来确定各个继承人的份额和继承权利。
如果去世者没有留下遗嘱，遗产将按照法律规定的继承顺序进行分配，一般是先给配偶和子女，再给父母、兄弟姐妹等近亲。
遗产的管理和分配需要遵循法律规定和程序，以确保公正和合法。
通常情况下，遗产管理由遗产执行人或遗产执行人委托的专业遗产管理机构来进行。
遗产执行人的职责是执行遗嘱的规定，确保遗产按照去世者的意愿进行分配和管理。
遗产可以对继承人的生活和未来产生重大影响。
一方面，遗产可以为继承人提供经济支持和保障，帮助他们实现自己的梦想和目标。
遗产也可能带来纠纷和矛盾，因为亲人之间对遗产的分配和管理存在意见分歧。
及时制定遗嘱和做好遗产规划至关重要，可以避免家庭纠纷和继承问题。
除了传统的金钱和不动产遗产外，现代社会还出现了数字遗产这一新形式。
数字遗产包括遗嘱、密码、社交媒体账号、电子邮件等电子资产，如何管理和处理这些数字遗产也成为了一个新的挑战。
人们需要妥善保管自己的数字遗产信息，并告知亲友或遗产执行人如何处理这些信息。
遗产是一个人留给后代的财富和财产，它不仅是一种经济资产，更是一种精神和文化传承。
遗产管理和规划至关重要，可以帮助人们实现财富传承和家族延续的愿望。
希望大家在生前能够做好遗产规划，确保自己的遗产能够被妥善管理和分配，为家人和后代留下一个美好的未来。
【中文翻译如有不准确或有待修改，请谅解。
】第二篇示例：遗产是指一个人在生前所拥有的财产和权益，在其死后由合法继承人按照法律规定进行分配。
遗产可以包括不动产（如房屋、土地）、动产（如家具、车辆）和金融资产（如银行存款、股票）。
遗产继承诉讼流程英文版
遗产继承诉讼流程英文版The process of inheritance inheritance litigation is a complex and intricate legal procedure that involves a series of steps and stages. Firstly, the affected party must file a complaint or petition in the appropriate court, which will initiate the legal action. This complaint will outline the basis for the inheritance dispute, including the relevant facts and legal arguments.After the complaint is filed, the court will issue a summons to the defendant, notifying them of the legal action and providing them with the opportunity to respond. The defendant will then have a specified period of time to file their answer to the complaint, in which they will address the allegations and assert their own legal arguments.Following the filing of the answer, the discovery phase of the litigation will begin. During this phase, both partieswill have the opportunity to gather evidence, including documents, witness testimony, and expert reports, to support their respective claims. This evidence will be vital in establishing the facts of the case and proving the legal arguments.As the litigation progresses, the court may schedule hearings and conferences to address various procedural and substantive issues in the case. These hearings may involve motions filed by either party, as well as arguments on the admissibility of evidence and other legal matters.Ultimately, the case will proceed to trial, where both parties will have the opportunity to present their evidence and legal arguments before the court. The judge or jury will then render a decision based on the evidence and arguments presented during the trial.If either party is dissatisfied with the outcome of the trial, they may have the right to appeal the decision to ahigher court. The appellate court will review the trial record and legal arguments presented by both parties, and will render a decision on the issues raised in the appeal.Throughout the entire process, it is essential for both parties to be represented by experienced legal counsel who can navigate the complexities of inheritance litigation and advocate for their interests effectively. With careful preparation and zealous advocacy, parties to an inheritance inheritance litigation can seek a just and equitable resolution of their dispute.。
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Law of Succession of the People's Republic of China (Adopted at the Third Session of the Sixth National People's Congress on April 10, 1985 and promulgated by Order No.24 of the President of the People's Republic of China on April 10, 1985)ContentsChapter I General ProvisionsChapter II Statutory SuccessionChapter III Testamentary Succession and LegacyChapter IV Disposition of the EstateChapter V Supplementary ProvisionsChapter I General ProvisionsArticle 1 This Law is enacted pursuant to the provisions of the Constitution of the People's Republic of China with a view to protecting the right of citizens to inherit private property.Article 2 Succession begins at the death of a citizen.Article 3 Estate denotes the lawful property owned bya citizen personally at the time of his death, which consists of:(1) his income;(2) his houses, savings and articles of everyday use;(3) his forest trees, livestock and poultry;(4) his cultural objects, books and reference materials;(5) means of production lawfully owned by him;(6) his property rights pertaining to copyright and patent rights; and(7) his other lawful property.Article 4 Personal benefits accruing from a contract entered into by an individual are heritable in accordance with the provisions of this Law. Contracting by an individual, if permitted by law to be continued by the successor, shall be treated in accordance with the terms of the contract.Article 5 Succession shall, after its opening, be handled in accordance with the provisions of statutory succession; where a will exists, it shall be handled inaccordance with testamentary succession or as legacy; where there is an agreement for legacy in return for support, the former shall be handled in accordance with the terms of the agreement.Article 6 The right to inheritance or legacy of a competent person shall be exercised on his behalf by his statutory agent.The right to inheritance or legacy of a person with limited capacity shall be exercised on his behalf by his statutory agent or by such person himself after obtaining the consent of his statutory agent.Article 7 A successor shall be disinherited upon his commission of any one of the following acts:(1) intentional killing of the decedent;(2) killing any other successor in fighting over the estate;(3) a serious act of abandoning or maltreating the decedent; or(4) a serious act of forging, tampering with or destroying the will.Article 8 The time limit for institution of legal proceedings pertaining to disputes over the right to inheritance is two years, counting from the day the successor became or shouldhave become aware of the violation of his right to inheritance. No legal proceedings, however, may be instituted after the expiration of a period of 20 years from the day succession began.Chapter II Statutory SuccessionArticle 9 Males and females are equal in their right to inheritance.Article 10 The estate of the decedent shall be inherited in the following order: First in order: spouse, children, parents.Second in order: brothers and sisters, paternal grand parents, maternal grandparents.When succession opens, the successor(s) first in order shall inherit to the exclusion of the successor(s) second in order. The successor(s) second in order shall inherit in default of any successor first in order.The "children" referred to in this Law include legitimate children, illegitimate children and adopted children, as well as step-children who supported or were supported by the decedent.The "parents" referred to in this Law include natural parents and adoptive parents, as well as step-parents who supported or were supported by the decedent.The "brothers and sisters" referred to in this Law include blood brothers and sisters, brothers and sisters of half blood, adopted brothers and sisters, as well as step-brothers and step-sisters who supported or were supported by the decedent.Article 11 Where a decedent survived his child, the direct lineal descendants of the predeceased child shall inherit in subrogation. Descendants who inherit in subrogation generally shall take only the share of the estate their father or mother is entitled to.Article 12 Widowed daughters-in-law or sons-in-law who have made the predominant contributions in maintaining their parents-in-law shall, in relationship to their parents-in-law, be regarded as successors first in order. Article 13 Successors same in order shall, in general, inherit in equal shares.At the time of distributing the estate, due consideration shall be given to successors who are unable to work and have special financial difficulties.At the time of distributing the estate, successors who have made the predominant contributions in maintaining the decedent or have lived with the decedent may be given a larger share.At the time of distributing the estate, successors who had the ability and were in a position to maintain the decedent but failed to fulfil their duties shall be given no share or a smaller share of the estate.Successors may take unequal shares if an agreement to that effect is reached among them.Article 14 An appropriate share of the estate may be given to a person, other than a successor, who depended on the support of the decedent and who neither can work nor has a source of income, or to a person, other than a successor, who was largely responsible for supporting the decedent.Article 15 Questions pertaining to succession should be dealt with through consultation by and among the successors in the spirit of mutual understanding and mutual accommodation, as well as of amity and unity. The time and mode for partitioning the estate and the shares shall be decided by the successors through consultation. If no agreement is reached through consultation, they may apply to a People's Mediation Committee for mediation or institute legal proceedings in a people's court.Chapter III Testamentary Succession and LegacyArticle 16 A citizen may, by means of a will made in accordance with the provisions of this Law, dispose of the property he owns and may appoint a testamentary executor for the purpose.A citizen may, by making a will, designate one or more of the statutory successors to inherit his personal property.A citizen may, by making a will, donate his personal property to the state or a collective, or bequeath it to persons other than the statutory successors.Article 17 A notarial will is one made by a testator through a notary agency.A testator-written will is one made in the testator's own handwriting and signed by him, specifying the date of its making.A will written on behalf of the testator shall be witnessed by two or more witnesses, of whom one writes the will, dates it and signs it along with the other witness or witnesses and with the testator.A will made in the form of a sound-recording shall be witnessed by two or more witnesses.A testator may, in an emergency situation, make a nuncupative will, which shall be witnessed by two or more witnesses. When the emergency situation is over and if the testator is able to make a will in writing or in the form of asound-recording, the nuncupative will he has made shall be invalidated.Article 18 None of the following persons shall act as a witness of a will:(1) persons with no capacity or with limited capacity;(2) successors and legatees; or(3) persons whose interests are related to those of the successors and legatees. Article 19 Reservation of a necessary portion of an estate shall be made in a will for a successor who neither can work nor has a source of income.Article 20 A testator may revoke or alter a will he previously made.Where several wills that have been made conflict with one another in content, the last one shall prevail.A notarial will may not be revoked or altered by a testator-written will, a will written on behalf of the testator, a will in the form of a sound-recording or a nuncupative will.Article 21 Where there are obligations attached to testamentary succession or legacy, the successor or legatee shall perform them. Anyone who fails to perform the obligations without proper reasons may, upon request by a relevant organization or individual, entail nullification of his right to inheritance by a people's court.Article 22 Wills made by persons with no capacity or with limited capacity shall be void.Wills shall manifest the genuine intention of the testators; those made under duress or as a result of fraud shall be void.Forged wills shall be void.Where a will has been tampered with, the affected parts of it shall be void. Chapter IV Disposition of the EstateArticle 23 After the opening of succession, a successor who has knowledge of the death of the decedent should promptly notify the other successors and the testamentary executor. If none of the successors knows about the death of the decedent, or if there is no way to make the notification, the organization to which the decedent belonged before his death or the residents' committee or villagers' committee at his place of residence shall make the notification.Article 24 Anyone who has in his possession the property of the decedent shall take good care of such property and no one is allowed to misappropriate it or contend for it.Article 25 A successor who, after the opening of succession, disclaims inheritance should make known his decision before the disposition of the estate. In the absence of such an indication, he is deemed to have accepted the inheritance.A legatee should, within two months from the time he learns of the legacy, make known whether he accepts it or disclaims it. In the absence of such an indication within the specified period, he is deemed to have disclaimed the legacy.Article 26 If a decedent's estate is partitioned, half of the joint property acquired by the spouses in the course of their matrimonial life shall, unless otherwise agreed upon, be first allotted to the surviving spouse as his or her own property; the remainder shall constitute the decedent's estate.If the decedent's estate is a component part of the common property of his family, that portion of the property belonging to the other members of the family shall first be separated at the time of the partitioning of the decedent's estate.Article 27 Under any of the following circumstances, the part of the estate affected shall be dealt with in accordance with statutary succession:(1) where inheritance is disclaimed by a testamentary successor or the legacy is disclaimed by a legatee;(2) where a testamentary successor is disinherited;(3) where a testamentary successor or legatee predeceases the testator;(4) where an invalidated portion of the will involves part of the estate; or(5) where no disposition is made under the will for part of the estate.Article 28 At the time of the partitioning of the estate, reservation shall be made for the share of an unborn child. The share reserved shall, if the baby is stillborn, be dealt with in accordance with statutory succession.Article 29 The partitioning of a decedent's estate shall be conducted in a way beneficial to the requirements of production and livelihood; it shall not diminish the usefulness of the estate.If the estate is unsuitable for partitioning, it may be disposed of by such means as price evaluation, appropriate compensation or co-ownership.Article 30 A surviving spouse who re-marries is entitled to dispose of the property he or she has inherited, subject to no interference by any other person.Article 31 A citizen may enter into a legacy-support agreement with a person who, in accordance with the agreement, assumes the duty to support the former in his or her lifetime and attends to his or her interment after death, in return for the right to legacy.A citizen may enter into a legacy-support agreement with an organization under collective ownership which, in accordance with the agreement, assumes the duty to support the former in his or her lifetime and attends to his or her interment after death, in return for the right to legacy.Article 32 An estate which is left with neither a successor nor a legatee shall belong to the state or, where the decedent was a member of an organization under collective ownership before his or her death, to such an organization. Article 33 The successor to an estate shall pay all taxes and debts payable by the decedent according to law, up to the actual value of such estate, unless the successor pays voluntarily in excess of the limit.The successor who disclaims inheritance assumes no responsibility for the payment of taxes and debts payable by the decedent according to law.Article 34 The carrying out of a legacy shall not affect the payment of taxes and debts payable by the legator according to law.Chapter V Supplementary ProvisionsArticle 25 The people's congress of a national autonomous area may, in accordance with the principles of this Law and the actual practices of the localnationality or nationalities with regard to property inheritance, enact adaptive or supplementary provisions. Provisions made by autonomous regions shall be reported to the Standing Committee of the National People's Congress for the record. Provisions made by autonomous prefectures or autonomous counties shall become effective after being reported to and approved by the standing committee of the people's congress of the relevant province or autonomous region and shall be reported to the Standing Committee of the National People's Congress for the record.Article 36 For inheritance by a Chinese citizen of an estate outside the People's Republic of China or of an estate of a foreigner within the People's Republic of China, the law of the place of domicile of the decedent shall apply in the case of movable property; in the case of immovable property, the law of the place where the property is located shall apply.For inheritance by a foreigner of an estate within the People's Republic of China or of an estate of a Chinese citizen outside the People's Republic of China, the law of the place of domicile of the decedent shall apply in the case of movable property; in the case of immovable property, the law of the place where the property is located shall apply.Where treaties or agreements exist between the People's Republic of China and foreign countries, matters of inheritance shall be handled in accordance with such treaties or agreements.Article 37 This Law shall go into effect as of October 1, 1985.Printer-Friendly E-Mail This。