Traditional Culture Encyclopedia - Traditional culture - Foreigners inherit domestic property

Foreigners inherit domestic property

Legal subjective:

Method of inheritance of property by foreigners: relatives. If the deceased has not made a will and dies without relatives in one of the four orders mentioned above, his estate is vested in the Sovereign on the basis of nullum crimen sine lege. In this case, the monarch can also transfer these estates to the person who was supported by the deceased during his lifetime. 2. foreign probate inheritance: according to foreign law, except for minors under 14 years of age and mentally ill people, anyone can make a will. A will must be made in accordance with the formal requirements set forth in foreign probate law, in the form of a situation, and should be signed by the testator. A minor who has reached the age of 14 may, in accordance with the law, make an oral will because of his or her partial capacity to act, but it shall be witnessed by two or more witnesses. Meanwhile, according to the amended Inheritance (Family Provisions) Act, regardless of whether it is a testamentary succession or a legal succession, as people who were supported by the deceased during his or her lifetime, such as surviving spouses, unmarried daughters, underage sons, children who are unable to support themselves, and spouses who have not remarried at the time of the decedent's death, may, according to the law, file an application to the court for the allocation of living expenses from the decedent's estate, and, in particular, in Scotland, as certain relatives of the deceased, they are entitled to apply to the Court for the allocation of living expenses from the estate. In Scotland, certain relatives of the deceased, including surviving spouses and children, are entitled to a certain "special share" of the deceased's estate, which is not limited by the testator's intention or wishes.3. Foreign inheritance: Foreign countries have adopted a system of division in respect of foreign inheritance. The capacity of the testator, in terms of movable property, is in accordance with the law of the domicile of the testator; in terms of immovable property, it is in accordance with the law of the location of the object; the way (form) of the will, in terms of immovable property, is in accordance with the law of the location of the object; in terms of movable property, as long as it conforms to the law of the foreign country, regardless of whether it is the law of the domicile of the person taking the law of the testator, or taking the law of making a will, it is valid. With regard to the content and validity of wills, the law of the domicile of the testator is applied in the case of movable property and the law of the situs in rem in the case of immovable property. The conflicting norms of legal succession are: the law of the domicile of the heir at the time of death in the case of movable property and the law of the situs in the case of immovable property.

Legal objective:

The supreme people's court on the implementation of the <Chinese people's **** and state inheritance law>Opinions on a number of issues of Article 63 of the foreign inheritance, the inheritance of movable property, apply the law of the place of the domicile of the decedent, i.e., applying the law of the country in which the decedent's last place of residence before the birth. Article 64 Before the implementation of the Inheritance Law, the people's courts have concluded the inheritance cases, after the implementation of the Inheritance Law, according to the trial supervision procedures for retrial, apply the relevant policies and laws at the time of the conclusion of the trial.