The 10 billion inheritance case of Elite Lawyer is more difficult to fight in reality

The 10 billion inheritance case of “Elite Lawyer” is more difficult to fight in reality
The heroine of the “Inheritance Lawyer” inheritance case Lan Hong (Wang Ou) previously dumped Luo Bing (Jin Dong) and married Sun Haohan, a billionaire billionaire.After Regal’s death, around his legacy, she had a dispute with Regal’s brother and others.In the latest plot, the ending is an out-of-court settlement. The company is managed by Sun Haohan ‘s younger brother Sun Chaoyue (the company was founded by two brothers), Lan Hong, Sun Chaoyue, Lan Hong ‘s children, and Sun Haohan ‘s eldest son (Born by the ex-wife) The four are evenly distributed to the estate.This result avoids the direct confrontation between the uncle and sister-in-law and the risk of “zero inheritance” by either party.It comforted the spirit of the deceased in the sky and better protected the peace of the next generation.This is the result that the family case hopes to see.Blue red.However, reviewing the entire case, we can see that the TV series is not mentioned in many places for the convenience of story development and storytelling, and many knowledge points are not fully understood.The scope of the estate needs to be stripped of personal property first. Ordinary people may think that the assets of the decedent, that is, the deceased, should belong to the scope of the estate, but it is not.According to the “Marriage Law” and “Inheritance Law”, it is only after the completion of the two divestitures that the real estate is in scope.First of all, according to the provisions of the Marriage Law, the property acquired by a couple during the marriage relationship is generally owned by the couple.Therefore, before inheritance, personal property should be stripped from common property.Secondly, according to the “Inheritance Law”, inheritance should pay off taxes and debts that the heir should pay according to law.In other words, before the succession begins, the taxes and debts payable should be stripped from the estate.In the TV series, Lan Hong and Sun Haohan’s marriage was later than the company’s establishment, but according to relevant judicial interpretations, the income of one spouse’s personal property after marriage should be regarded as the common property of the spouse.In other words, the equity held by Sun Haohan does not belong to the joint property of the husband and wife, but the dividends and other benefits generated by the equity after marriage belong to the joint property of the husband and wife.Half of this benefit belongs to the estate.Stills.According to legal inheritance, will Sun Chaoyue have zero inheritance?The so-called statutory inheritance refers to the legal system of inheritance according to a certain order in accordance with the provisions of the “Inheritance Law” when there is no will before the inherited life, or the will is invalid.China’s inheritance law provides that the first order of succession: spouse, children, parents.Second order: siblings, grandparents, grandparents.After the start of inheritance, the first-order heirs inherit, and the second-order heirs do not inherit.If there is no first order heir, the second order heir shall succeed.At first glance, Sun Chaoyue, as the younger brother of the heir, should have no right of inheritance.However, the Inheritance Law also stipulates that besides the heirs, those who are supported by the heirs (the testator) (Sun Haohan has been taking care of him while he was ill), can be given their proper inheritance.Therefore, Sun Chaoyue still hopes to get a proper legacy.According to the testamentary inheritance, will blue-red inherit zero?Assuming that the will is true, Sun Haohan will appoint all assets to be inherited by Sun beyond one person.Has Lan Hong really inherited zero?Blue red.First of all, as we just said, this will wrongly defines the scope of the estate, and personal assets should be stripped from the joint property of the husband and wife before they can be inherited.In this way, Lan Hong can get the assets she can get without inheriting.Secondly, according to the “Supreme People’s Court<中华人民共和国继承法>Article 37 of the Opinions on Certain Issues stipulates that the testator does not retain the inheritance share of the heir who lacks the ability to work and does not have a source of living.Can refer to the allocation principle determined by the will.In other words, the children of Lan Hong and Sun Haohan are not yet adults, and Sun Haohan should reserve the necessary legacy for the children.Lan Hong, as the child’s guardian, has the right to protect the child’s property rights from infringement, and has the right to dispose of the child’s property in order to protect the child’s interests.In summary, inheritance is a complex matter, involving all aspects of property and all aspects of personal relationships.And most of the heirs are relatives, so when dealing with inheritance, not only rely on the law, but also rely on superior wisdom and empathetic high emotional intelligence.Dealing with inheritance affairs peacefully and friendly can not only protect the legitimate rights and interests of most people, but also help build a socialist harmonious society.Dai Xi.In the process of broadcasting the drama, Qi Fei paid attention and involved, but the writer’s attention to the law can actually be trimmed from some details.In the gap between the blue and red succession case, there is also a small spur that breaks through the depth of the writer’s legal study.Dai Xi (Lan Yingying) ‘s ex-boyfriend Mai Fei is going to study abroad, but he is not worried about his grandfather in a nursing home.I found Dai Xi and asked if she could take care of it. I didn’t expect Dai Xi to agree.Mai Fei took the opportunity to ask what to do if Grandpa was unconscious and needed a signature to fly back.After learning that Grandpa had no other relatives, Dai Xi agreed to be the grandpa’s intended guardian.Mai Fei hurried out the “Predetermined Guardianship Agreement” prepared in advance and let Dai Xi sign it.The concept of intentional guardianship was the first time that the General Principles of Civil Law, implemented on October 1, 2017, turned theory into reality.According to what I have learned, the notary offices in Shaoguan, Urumqi and other places only formally started the notional guardianship service at the end of 2019.The so-called guardian of conviction is a legal guardian recognized as a legal system that replaces the rights of citizens.Dai Xi and Mai Fei and their grandfather were outside the notary office.Indeed, minors and mental patients are persons with limited or incapacitated persons, and these groups need supervision and protection by some people, and the law forces some people to become their guardians in accordance with a certain order.Intentional guardianship is a system different from legal guardians.It means that when an adult is sober, he chooses a person he trusts most, and may or may not be a relative. He or she is designated in writing as the guardian after his disability, taking care of his life and disposing of his property, Rights, etc.Intentional guardianship is actually the law’s support for maximizing citizens’ rights.In what way does one want to leave this world, to what extent is he treated if he is ill, does he need over-medicine, can he let others help himself in the form of intentional guardianship.The biggest beneficiaries of the intended guardianship are the Dink family, singles and sexual minorities.It can be seen from this that the play “Elite Lawyer” is completely law-aware, and it pays attention to the laws related to the vital interests of the common people.The author believes that by gradually adhering to the advancement of the society governed by law, domestic legal dramas can become more rigorous and keep pace with the times.□ Wen Shaobo (Hebei Bingrong Law Firm Lawyer) Editor of Sauna Night Net Wu Longzhen Proofreading Guo Li