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Succession

Updated : 2015-06-09

Circumstances in which the successor shall be disinherited

In accordance with the provisions of Article 7 of the Law of Succession, a successor shall be disinherited upon his commission of any of the following acts: (1) intentional killing of the decedent. The successor’s intentional killing of the decedent is a kind of serious crime and, regardless of the motive and regardless of whether it is accomplished or attempted, the successor shall be deemed as being disinherited. (2) Killing of any other successor in fighting over the estate. The killing must be intentional killing, the motive must be fighting over the estate, and the person being killed must the other successor. The act of intentional killing of the successor, regardless whether it is accomplished or attempted, shall be deemed as being disinherited. (3) A serious act of abandoning or maltreating the decedent. Whether the maltreatment of the decedent by the successor is serious can be determined in aspects such as the time, means, consequences and social effect of the commission of maltreatment. Where the circumstances of the maltreatment of the decedent are serious, regardless of whether criminal punishment is imposed or not, the successor shall be deemed as being disinherited. (4) A serious act of forging, tampering with or destroying the will. According to the relevant provisions, where the successor forged, tampered with or destroyed the will, and infringed on the interests of the successors who lack the ability to work and have no sources of income and caused their difficulties in life, such acts shall be deemed as serious circumstances.

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