How does the elderly favor free will? The testamentary content 90% is the property
origin: Workers' daily
recently, a legacy dispute case triggered social attention. After the death of a 86 year old retired cadre in Guangzhou, it left two sets of property in East Lake, Yuexiu District. After three years, the nanny held 3 "handwritten Testament" to inherit one of the three rooms and one hall. A few days ago, the Guangzhou middle court made a final judgement on the will dispute, and found that the old man had dementia performance at that time, belonging to the person who had restricted the civil capacity. The act of signing these will was invalid and rejected all the demands of the nanny.
in recent years, since there is no will or will of the will, the inheritance of the old man has fallen into dispute, and the children's revenge and even the case of the church have come out in endlessly.
in March 21, 2013, the Beijing first registration center of the Chinese testamentary library was established. Since its establishment, this organization has been warmly welcomed by the majority of the elderly. Now, the appointment service for the testamentary service has been in place for 8 months.
"after making a will feel like completing a life event"
in the morning of April 12th, the reporter came to the first registration center of the Chinese testamentary Library in Xicheng District, Beijing, Beijing, and dozens of white haired old people are registering a will or consulting under the guidance of the staff.
Aunt Chen is the first time to come to the center for consultation. She came after seeing CCTV's news a few days ago. The staff responsible for the reception, Cui Cui, told her that the people who have made the testamentary registration have been released to the end of December this year.
"because the number of elderly people who register is too many, and our receptionist ability is limited." Yin Yanhe, director of the first registration center of the Chinese Testament Library, Beijing, told reporters that this is not the busiest time for them. "Remember when the registration center was just established, the elderly queuing outside the door were nearly 100 meters. Although we worked overtime at that time, we would still be complained by the elderly who had been waiting for a long time. "
the Chinese testamentary library is the first public interest project of our country, sponsored by the China foundation for aging development foundation and the Beijing sunshine elderly health foundation, which provides free advice, registration and custody services for elderly people over 60 years of age. The Chinese testamentary bank has a branch in Beijing, Guangdong, Tianjin and Jiangsu. Up to now, more than 50 thousand will have been put into storage and nearly 30 thousand people are waiting in line for registration.
Chen Kai, director of the Management Committee of the Chinese testamentary bank, said in an interview with the reporter of the workers daily that the establishment of the Chinese testamentary bank was mainly based on the change in the protection of the rights and interests of the elderly in the city. "In the past, it was mainly family support, guardianship, family violence, living standards and other issues, and now the protection of the rights of the elderly is mainly inheritance." Another purpose of
is to spread the concept of will in modern society, and promote the elderly to manage life with the tools of law. "Do not leave trouble for your family, but do not leave any regrets for yourself."
since the establishment of the first registration center in Beijing, Yin Yanhe said she clearly felt the mentality of the elderly and the change of the will concept.
"when we first consulted the elderly, we used words with great care. The words "death" and "after death" are taboo because many old people are angry on the spot. Now, many old people see the concerns of the staff, and they will take the initiative to say "I don't care", even the old man will say "I am dead" when it comes to the division of the property.
testament is not only a legal document, but also an expression of love and responsibility.
Chen Kai said, now many elderly people will make formal will, will dress formally, and even take photos with the staff. "Many people feel like completing a major event after they have finished their will. The ritual of life is full. "
the content of the old people's will 90% is the change of the notions of the old people's will of the real estate
. In addition to the idea of life and death and the more open-minded attitude, a very important objective reason is the warning of the frequent occurrence of family heritage disputes in recent years.
in the afternoon of April 14th, aunt Yang, 76, successfully completed the will registration in the first registration center of Beijing. "It's mainly a two bedroom house, but I have three sons. How can I divide a house? So write a will in order to keep out of the future. " She said.
according to the statistics of the Beijing high people's court, from 1 to October 2016, 10116 new cases of succession were collected, and 26.5% of the 38201 new family cases were collected during the period. More and more elderly people want to make arrangements for property before they leave their homes.
Ma Guiji, a lawyer partner in the law firm in Beijing, and a lawyer for inheritance and inheritance, told reporters that "in the case of succession to disputes, most of the disputes occurred between the heirs because they did not arrange the disposal of property before they were inherited." A part of the testamentary dispute is caused by the lack of legal awareness of the testator and no professional checks.
in Chen Kai's view, the important function of testament lies in eliminating hidden dangers of disputes, protecting property safety and simplifying inheritance procedures. In Hongkong, testament is known as "peace paper". It is also known as the "family constitution" in the West.
it is worth noting that, according to the data of the Chinese testamentary library, 90% of the main contents of the legacy of the elderly will be real estate.
"this phenomenon is the same in all parts of the country. The result of rising housing prices is that the main asset of family wealth is property, so in recent years wills are mainly handled by real estate.
Chen Kai analysis, the increase in the social needs of the will is due to the changes in the basic social conditions: the growing miniaturization of the family; the strengthening of the awareness of the rights and the consciousness of the rule of law; the increase in the family property, the more complex pattern of the family interests; the intensification of the aging and the higher divorce rate.
strengthen the concept of the legislative protection and promotion of testamentary
with the increasing diversity of family wealth, on the one hand, the demand for the antithesis will of the elderly is increasing, on the other hand, the legal protection of inheritance is lagging behind. The current law of succession of the People's Republic of China has not been amended in the past 30 years since its implementation in 1985.
the social situation is changing, the economy is developing, the idea is updating, and the reality is challenging our legislation.
professor Cao Yisun, director of the research center of the wealth inheritance law of China University of Political Science and Law, has said that China's "Inheritance Law" has been promulgated and implemented for nearly 30 years, which is exactly the 30 year of a huge change in the family wealth of the domestic citizens. With the development of society, there are many new problems such as disputes over the inheritance of property.
Chen Kai believes that with the change of social and economic conditions, the existing inheritance law is more than enough and innovation is inadequate. The innovation of the testamentary library is the registration of will and the custody of will. There are no two aspects in the current inheritance law. In fact, there are many innovative points in inheritance law, such as testamentary trust, inheritance tax and so on.
what kind of succession law do we have to formulate? An inheritance law that stipulates the status quo? Or is it an inheritance law that looks forward to the future? "I hope that the inheritance law in the future will be forward-looking and be able to manage the next 30 years." Chen Kai said.
in addition to macro - level legislation, Chen Kai believes that it is necessary for the government to increase its input, enhance the propaganda of the testamentary concept and promote the old people to write their will.
"this drive is the predominant action of social governance. You put 1 cents in front of you to push this matter, such as propaganda, which is better than 1 yuan or 10 yuan later to make up for the lack of links. In particular, the older generation made a will. Not only for the elderly themselves, but also for the lower cost of the whole social management. "
" once the inheritance of property problems, not only causes the common people formalities difficult, time-consuming and laborious, but also leads to the normal flow of social wealth, hinders the economic activity. "
secondly, we must promote the registration of will. "These two links will get rid of a large social cost." Chen Kai also suggested that some celebrities could set the example to lead this fashion.