On January 10,2021, lawyer Yan Zenghui of Henan Changhao law firm made a thematic sharing on the succession compilation of Civil Code and the interpretation of succession compilation (1) .

This sharing mainly from the successor pardon system, the testamentary trust, the administrator system, the contractor died without the benefit of the four aspects of the provisions of the Civil Code and the interpretation of the succession (1) explained the relevant legal provisions.

I. Addition of the system of loss of succession under certain circumstances and the system of successor's forgiveness.

On the one hand, Article 1125 of the Civil Code has been amended to deal with several cases of loss of inheritance, a new system of loss of inheritance rights in the case of concealing a will and in the case of fraud, coercion, forcing or impeding the creation, alteration or withdrawal of a will by the decedent has been introduced.

On the other hand, a new system of successor's forgiveness has been introduced, where a successor has shown genuine repentance for an act in paragraphs 3 to 5 of paragraph 1 of Article 1125, where the decedent has shown forgiveness or has subsequently been named as successor in a will, the heir does not disinherit. At the same time, the interpretation of the first part of the compilation of succession has limited the system of the successor's forgiveness, and if the circumstances of maltreatment of the decedent are serious, the loss of the right of succession can be confirmed whether criminal responsibility is investigated or not.

II. TESTAMENTARY trust Article 1133(4) of the Civil Code clearly stipulates that a natural person may establish a testamentary trust according to law. The client willed the property into a trust. The client shall, in advance by way of making a will, specify in the will the planned contents of the estate, including the administration, distribution, use and payment of the estate after delivery of the trust. Through a testamentary trust, the estate is distributed by the trustee according to the will of the testator, and the estate can be planned to take care of a particular person. This not only has the advantage of making a will to prevent disputes, but also combines the way of the trust planning, and the protection of the estate and its heirs.

Article 1145(1149) of the civil code stipulates the methods, duties and rights of the administrator. The coordination of the administrator can effectively reduce disputes, meet the needs of the diversified distribution of the estate, contribute to social stability, can be a good solution to the inheritance of property, so that the family will always be rich and glorious.

(1) in the interpretation of the compilation of succession, it is clearly stipulated that the contractor has not yet obtained the contracted income at the time of his death, the capital and labor invested and added value and fruits paid by the deceased during his lifetime may be reasonably discounted and compensated by the contracting unit or the person who continues the contract. The value is to be disposed of as an estate.

The Civil Code and the interpretation of the code of succession (I) provide for more detailed provisions on the loss and restoration of the right of succession in all circumstances, statutory succession and changes in the form of testamentary succession, and the selection of administrators, at the same time, the responsibilities of the administrator of the estate and the responsibilities that need to be assumed are clarified. Through the testamentary trust, property can be smoothly passed to future generations, but also through the executor of the financial management ability to make up for the successor's inability to financial deficiencies.