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本期双语案例推送王某甲、王某乙等与赵某继承纠纷再审案等有关继承纠纷类案例。 目录
Wang A, Wang B, et al. v. Zhao (retrial of dispute over succession)2.段某甲、段某乙诉段某丙、段某丁、段某戊、段己分家析产、继承纠纷案Duan A & Duan B v. Duan C, Duan D, Duan E & Duan F (case regarding dispute over succession)Gu v. Si, et al. (case regarding dispute over statutory succession)
Wang A, Wang B, et al. v. Zhao (retrial of dispute over succession)
遗产是指被继承人死亡时遗留的个人所有财产和法律规定可以继承的其他财产权益。当被继承人的遗产在家庭共同财产中时，应当先分出他人的财产，然后再确定其遗产的范围及分配方式。在司法实践中，当被继承人无遗嘱、遗赠及遗赠扶养协议时，继承开始后，应当按照法定继承办理，先由第一顺序继承人继承。至于继承份额，一般同一顺序继承人应当均等，但是，若继承人对被继承人尽了主要扶养义务或者与被继承人共同生活的，可以要求多分。 [Judgment Abstract] The term 'bequests’ refers to all of the property that the deceased is personally in possession of, and other rights and interests attached thereto under the law at the time of their death. For any of the deceased’s bequests of family property, the property distributable to others shall be firstly separated from the bequests, and then the scope and method of distribution of the remaining bequests shall be determined. According to judicial practice, where a deceased had no will, agreement on bequeath or legacy-support agreement, the procedures of statutory succession shall be followed after the beginning of succession. To be specific, bequests shall first be inherited by the first-order legal successors, with the share of succession generally equal to those in the same order of succession. Nevertheless, any successor may claim a larger share of bequests provided that they have made predominant contributions towards supporting the deceased or that they lived with the deceased. [CLI Code] CLI.C.15609107 (EN)
二、段某甲、段某乙诉段某丙、段某丁、段某戊、段己分家析产、继承纠纷案
Duan A & Duan B v. Duan C, Duan D, Duan E & Duan F (case regarding dispute over succession)根据《继承法》第十六条的规定，公民有权设立遗嘱处分个人财产。夫妻双方对于夫妻共同财产，均有权通过订立遗嘱的方式处分其享有的份额。夫妻一方书写遗嘱内容，由双方共同签字，并且处分的是夫妻共同财产，应当视为夫妻双方基于共同意思表示，共同订立了遗嘱，而并非夫妻一方为另一方代书遗嘱，不受继承法有关代书遗嘱的限制。因此，夫妻双方订立遗嘱对夫妻共同财产进行处分，由一方书写遗嘱内容，双方共同签字的，该遗嘱系基于夫妻双方共同意思表示，应当有效。 According to Article 16 of the Inheritance Law, citizens have the right to set up wills to dispose of individual property. Both spouses have the right to dispose of shares they own by making a will. When one spouse writes a will and both parties jointly sign it and dispose of the common property of the spouse, it is considered that the spouses have jointly signed the will based on the common declaration of intention, but not when one spouse writes the will for the other. This is not subject to the regulations regarding wills written by another agent as in the Inheritance Law. Therefore, if a husband and wife enter into a will to dispose of their common property, and one party writes the contents of the will and the two parties jointly sign it, the will is based on the common declaration of intention of the husband and wife, and therefore should be valid.【法宝引证码】CLI.C.4304189 [CLI Code] CLI.C. 4304189 (EN) 
Gu v. Si, et al. (case regarding dispute over statutory succession)代书的遗赠抚养协议有合法见证人，并有见证人与遗赠人的签字，满足形式要件，遗赠人意思表示真实，那么遗赠抚养协议合法有效。抚养人对遗赠人尽到了抚养义务，应当取得遗赠人相应的遗产份额。当遗赠人的具体的遗产没有确定，法院应当判决抚养人取得遗赠人的遗产份额。A legacy-support agreement, despite being written by another person on behalf of the parties concerned, should be deemed as legal and valid provided that, with the signatures of both the testifier and the legator, it is witnessed by a testifier, in conformity with formal elements, and faithfully expresses the volition of the legator. Where the supporter has fulfilled his obligation of support to the legator, he shall be entitled to a share of the legator’s estate. When the legator’s estate has not been specified yet, the court should determine the share that the supporter is entitled to.【法宝引证码】CLI.C.15522578 [CLI Code] CLI.C. 15522578(EN)
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