Will children lose their inheritance rights if they fail to fulfill their caregiving obligations for a long time?

2025-05-26

The Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") is known as the "encyclopedia of social life". Marriage, divorce, contract signing, investment and sales The Civil Code weaves a protective net for the activities of civil subjects in all fields. On the occasion of the fifth anniversary of the promulgation of the Civil Code, People's Daily Online has compiled typical cases closely related to people's lives for readers. This article focuses on the issues of caregiving obligations and inheritance rights. The basic case is that Gao Xiaomou is the only son of Gao Mujia. In 1992, Gao Xiaomou (then 20 years old) ran away from home after a dispute with his parents and has been indifferent to them ever since. When the mother fell ill, she was not taken care of and did not attend the funeral when she passed away. During the period when my father, Gao Moujia, was seriously ill and even underwent major surgery, Gao Xiaomou did not fulfill any caregiving obligations. Gao XX A has four brothers and sisters, namely Gao XX B, Gao XX C, Gao XX D and Gao XX E. Among them, Gao Yi took more care of Gao Jia and his wife. After the death of Gao Moujia, Gao Mouyi contacted Gao Xiaomou to handle the burial of Gao Moujia's ashes, but Gao Xiaomou ignored him. However, as the only legal heir in first place, he received some of Gao Moujia's bank deposits. Gao Yi filed a lawsuit to the court, stating that Gao Xiao abandoned Gao Jia and should lose his inheritance rights. Gao Jia's estate should be inherited by the second in line heir. Gao Bing, Gao Ding, and Gao Wu all agree that Gao Xiao should lose his inheritance rights and have issued a statement renouncing the inheritance of Gao Jia's estate. The effective judgment holds that children should fulfill their obligation to support the elderly financially, take care of them in daily life, and provide spiritual comfort. If the heir abandons the deceased, they shall lose their inheritance rights in accordance with the law. Since leaving home in 1992, Gao Xiaomou has been indifferent to his parents for more than 30 years. He has not provided any financial assistance, nor has he engaged in any support behavior. After his parents passed away, he also neglected to see them off, which has constituted abandonment. Therefore, it is ruled that Gao Xiaomou loses his inheritance rights. The funds withdrawn by Gao Xiaomou from Gao's account after Gao's death should be inherited by Gao Yi, and Gao Xiaomou should return them within ten days from the effective date of the judgment. Article 1125 of the Civil Code stipulates that if an heir commits any of the following acts, they shall lose their inheritance rights: (1) intentionally killing the deceased; (2) Killing other heirs in order to compete for inheritance; (3) Abandoning the deceased or subjecting them to severe abuse; (4) Falsifying, tampering with, concealing or destroying wills, with serious circumstances; (5) Using fraudulent or coercive means to force or obstruct the establishment, alteration, or revocation of a will by the deceased, if the circumstances are serious. If an heir commits any of the acts listed in the third to fifth items of the preceding paragraph, shows genuine repentance, expresses forgiveness from the deceased, or is later listed as an heir in the will, the heir shall not lose their inheritance rights. If the testator commits the acts specified in the first paragraph of this article, they shall lose the right to be bequeathed. Taking filial piety as the top priority, supporting parents is not only an inherent requirement of socialist core values, but also a legal obligation of children. This obligation is not exempted due to the parents' economic income or good physical condition. In this case, as the only child in the family, Gao Xiaomou has not fulfilled any obligation to support his parents for more than 30 years. Therefore, the court determined that his behavior constituted abandonment and ruled that he lost his inheritance rights. (New Society)

Edit:XieEnQi    Responsible editor:XieEnQi

Source:people.cn

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