4. Key points for dividing the inheritance of the deceased
After determining the inheritor and the scope of the estate, if there is no special agreement or other special circumstances, the reasonable and necessary funeral expenses of the deceased should be deducted from the estate first, and then the inheritance ratio should be determined based on factors such as the maintenance and support of each inheritor for the deceased, as well as whether the inheritor has living difficulties. Finally, in accordance with the principle of benefiting from the use of the estate and taking into account the actual needs of the inheritors, the interests of each inheritor should be fully considered for the disposal of the estate.
4.1. Review elements for determining the proportion of inheritance division
After determining the scope of inheritors and the estate of the deceased, the inheritance should be divided between inheritors based on the principle of equal distribution; If the inheritors reach a consensus through consultation, the inheritance can also be divided unevenly. Inheritors who have special difficulties in life but lack the ability to work, or who have fulfilled their main maintenance obligations to the deceased or have lived together with the deceased for a long time, may receive appropriate additional shares in the distribution of their inheritance. Inheritors who have the ability and conditions to support but fail to fulfill their obligation to support should receive no or less distribution. If the deceased has an unborn fetus, the share of the inheritance should be retained for the fetus.
In such cases, the court should review the amount of inheritance, the length of shared life, and the amount of property and energy that some heirs have invested in supporting the elderly. Taking into account various factors, the court should determine the proportion of inheritance that each inheritor should inherit. It should be noted that if there are minors among the heirs and the minors are not subrogation heirs or heirs, from the perspective of maximizing the interests of minors, the proportion of inheritance obtained by minors should generally be higher than that of other adult heirs.
4.2. Examination of whether the heirs have fulfilled their primary maintenance obligations
In the trial of such cases, the examination of whether the inheritor has fulfilled their main maintenance obligations should be based on the statements of the parties involved, witness testimony, medical records of the inheritor, bank account records of the inheritor, photos, videos, and other evidence to determine whether the inheritor has fulfilled their main maintenance obligations to the inheritor, and then determine whether some inheritors have fulfilled their main maintenance obligations to the inheritor.
In Case 4, Lin had a high retirement income before his death and hired a nanny to take care of his own daily life for a long time during his home life. During his long-term hospitalization due to illness, Lin mainly relied on nurses and caregivers to take care of him. Although Wang Jia basically visits Lin every day, his daily life and daily life are not taken care of by him, and he has not incurred significant expenses for supporting Lin. Therefore, the daily visit only fulfills his filial piety as a child and cannot be considered as fulfilling his main obligation to support. The court ultimately ruled that Wang Jia, Wang Yi, and Wang Bing should share Lin's inheritance equally.
4.3. Method of dividing houses in the estate
Unlike bank deposits, stocks, and other legacies, courts cannot mechanically divide houses in proportion. Instead, they should handle houses based on principles that are conducive to maximizing the benefits of their use, taking into account the actual needs of the heirs, and fully considering the interests of each heir.
Regarding the division method of houses in the estate, the court should fully listen to the opinions of each inheritor in the trial, and consider whether the inheritor has the ability to pay the discounted price of the house from the perspective of facilitating the actual use of the house. It is decided that each inheritor should share the shared house or part of the house belongs to the inheritor and pay the discounted price to other inheritors. If the disputed property is permanently occupied by some heirs, and the residents have the ability to pay the discounted amount, it should generally be judged that the disputed property belongs to the residents.
IV Other issues that need to be addressed
In recent years, new types of property such as online stores, online game equipment, and online cryptocurrencies have gradually become new types of heritage. However, due to the wide range of fields involved in new types of property and the complexity of their effectiveness, nature, and value, it is advisable to make a cautious determination of relevant issues based on specific case situations, combined with national laws and policy regulations, network service agreements, and other content.
At the same time, this article does not specifically discuss the issues of property division, debt of the deceased, and inheritance of rural homesteads and houses that arise when the estate of the deceased is mixed with common family property or husband and wife property. Due to the special complexity of these issues and the fact that they are not exclusive to legal inheritance cases, this article does not specifically discuss them.