In the past, talking about "death" was a taboo for many people. Dividing property and establishing a fortune is considered a taboo. However, as the times change, more and more people have begun to take the initiative to plan their own things. Many people will plan their life during their lifetime, and even ask others to write on their behalf when they are sick and bedridden. But is it necessary to have legal benefits to establish a fortune? Lawyer Jun Qiu Tian reminded me that you should pay attention to 10 super important details!
The incident between Qiu Feng and his empress Pei XiangquanThe current events that happened in the previous art circle: Qiu Feng, a well-known producer in the art circle, died of illness at the age of 73 nine years ago, leaving more than 100 million industries. He asked three company employees to serve as agents in front of his bed, one wrote and two witnessed.
Pei Xiang Quan asked someone to write on his behalf that he hoped that the distribution method of the property would be "after the company's account is processed, the remaining ones will be divided into 30%, Ah Ma (Qiu Feng) 30%, Hanxing Company employees 20%, and the remaining 20% will be given to those who need care, and don't miss the weekly charity funds." It also added that "I am alone, have no family, and have nothing to keep, and I don't give a penny to everyone in my family." It emphasizes the inheritance of three brothers and sisters.
For this generation of calligraphy, my sister confirmed that the confession was invalid. The first review was that the defendant lacked three qualified witnesses and the surrogate was not qualified, and Qiu Ying-fai's lawsuit was sentenced to invalidity; the second review and third review of the Taiwan High Court reversed the lawsuit, and the Supreme Court sued the lawsuit. But the judge believed that the right to inherit the evil was invalid, so the final conclusion was that Qiu Yan and his brothers and sisters obtained two-thirds of their special points.
Why does the judge make such a judgment? The reason lies in the "representative" and three people who have no interests must be dictated by the inheritor, one certifier, and the other two are responsible for the certificate and signature. In Pei Xiangquan's residence, the witness was a Hanxing company employee. He could have been a proof, but the danger was that if he gave 20% of the employees of Hanxing company, they would become interested parties at the time and could not be a proof. This is also a reason why the review was invalid.
But later, after further confirmation, it was found that when Pei Xiangquan wrote a note, he reminded these people not to see the witness, and these employees agreed not to take any distribution assigned by the company. Therefore, the second and third reviews will be considered that since the witness is not a stakeholder, it is effective.
The judge of the second trial believed that the right to inherit the right to the evil, but the part of the right to inherit the right to the evil is not effective. The reason is that although Pei Xiangquan said, "No one in the family will pay a penny" should mean that the inheritance must be inherited, but the inheritance must be held if the inheritance has had a major insult or abused by the inheritance, and the judge does not believe that the brothers and sisters have acted like this to him, and the relationship is mostly because of bad relationships. Therefore, the judge believes that the brothers and sisters still have inheritance, but the remaining special points are left, which is one-third of the total.
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10 things to pay attention to when establishing a sacred1. You must write it, this is super important! You can write, write, or publicly, but you must write it.
2. If you can write the words yourself, write them by yourself. As long as you record the name, year, month, and date, your signature will be valid. If you don’t want to write oral words, please come and write three people. Otherwise, I would just ask the public witness to help, but I still have to bring two witnesses.
3. The witness cannot be a stakeholder. As long as he is related to the person, such as someone who has received the award or can inherit it, he cannot be a witness, otherwise the victim will be invalid.
4. Remember to leave special points, children, spouse, and father and mother are one-half; brothers and sisters are one-third of them, so you can’t fight, otherwise it will be like Zhang Rongfa’s birth and will not end now.
5. The inheritor has not passed away yet, and the abandonment is invalid. So if someone prefers a man and a light girl and asks his daughter to give him a confession and give him a deposit first, then he might as well accept the letter with a smile. In fact, even if his daughter accepts the inheritance, it will be invalid.
6. The inheritance of the tyrant can be stated in the tyrant that once the tyrant is inherited, the inheritor has no inheritance.
7. There are many reasons for inheriting the right to inherit the right. The most common one is that it causes major insults or abuses to the inheritor, and others include revisions, harming the inheritor or inheritor, etc.
8. Major insults or abuses should be related to the statement or evidence, and they should not just write these words on the slogan. For example, what a person has ever been to me makes me feel humiliated, or has been in the form of a verified probation.
9. I haven't met my parents for a long time. The Supreme Court believes that it is in a major insult, so I don't want to see my father and I want to take my father's property. If there is a copy, the judge will believe that this can be inherited.
10. "I give you all things in the world, and I give you it's yours. If I don't give you, you can't take it." I know that many people just want fairness. But there is no fairness if you don’t make it yourself. We have no share, just think so.