37. Notice of Presenting Evidence in the Case of Inheritance Disputes

Updated:2017-09-11 17:01:11  From:  Views:0
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The relationship between parents and children, brothers and sisters is biological. The inheritance litigation will harm the affection between the parents and the siblings. Before deciding to resolve an inheritance dispute by litigation, please consider the harm that will be caused by litigation and actively trial other more peaceful ways to resolve the dispute. If it is impossible to solve the inheritance disputes between relatives after such efforts, and you still decide to file an inheritance suit with the people’s court, please read this notice in detail and collect and submit the relevant evidence in accordance with the relevant provisions and relevant laws.

    37.1. Evidence of Proof of Identity and Relationship

You shall provide the relevant evidence of the subject qualification in detail in accordance with the following requirements to prove that you are the right subject of litigation, and ensure that you will be contacted in time in the future so that the litigation documents can be delivered to you.

37.1.1. The identity information of: your name, gender, age, nationality, residence, contact information, ID number, and other basic information such as ID card, residence booklet, residence certificate, passport, Hong Kong, Macao and Taiwan residents’compatriots HVPS and so on.

37.1.2.The party who is a legitimate heir shall submit either a marriage certificate or kinship certificate as well as a residence booklet and an ID card issued by the relevant authorities;

    37.2. Evidence on the Establishment of Legal Inheritance or Testamentary Inheritance

37.2.1. Evidence on the Establishment of Legal Inheritance

1Residence certificate of the decedent;

2Certificate of death of the decedent;

3Kinship certificate of the decedent;

4If the plaintiff is an adopted child of the decedent, he or she shall submit the relevant adoption certificate;

5Any person who, without the ability of work and source of livelihood, was dependent on the decedent, and who is not a named heir, or any person who has been raised who is notan heir and asks for an inheritance, shall submit the relevant certificate issued by the neighborhood committee, the village committee or the decedent unit.

6The other legal heirs of the decedent shall also participate in the proceedings as a common plaintiff, and if other legal heirs have died or have given up the right of inheritance, he or she shall provide the corresponding proof.

    37.2.2. Evidence of the Establishment of Testamentary Inheritance

1Residence certificate of the decedent;

2Certificate of death of the decedent;

3If a testament is notarized, the notarial deed issued by the notary public should be submitted;

4A testament written on behalf of the testator shall be submitted and witnessed by two or more witnesses who will appear in court for a question or testimony;

5A testator-written testament shall be submitted;

6A testament made in the form of recording shall be submitted and witnessed by two or more witnesses who will appear in court for a question or testimony;

7Oral testament shall be witnessed by two or more witnesses who will appear in court for a question or testimony;

37.3. Evidence of the Heritage

37.3.1. If the heritage is a real estate, the real estate register, real estate license or purchase contract, purchase invoice or investment certificate may be submitted;

37.3.2. If the heritage is a vehicle, the motor vehicle registration certificate, or driving permit may be submitted;

37.3.3. If the heritage is a deposit, the passbooks or bank cards may be submitted;

37.3.4. If the heritage is stocks, the shareholders card, capital account or broker account information may be submitted;

37.3.5. If the heritage is equity, the company's business registration information, shareholder certificate or capital certificate may be submitted;

37.3.6. If the decedent has any creditor’s right or debt, the corresponding creditor’s right and debt certificate must be submitted;

37.3.7. If one party applies to the people’s court for heritage investigation, the corresponding property clues shall be submitted;

37.3.8. Other evidence concerning the heritage.

 

    37.4. Evidence of the Property Proportion Distribution

37.4.1. The statement by other heirs to abandon the right of inheritance;

37.4.2. Evidence of the loss of inheritance right of other heirs, such as evidence of killing the decedent;

37.4.3. Evidence of special difficulties or the lack of working ability;

37.4.4. Evidence of one’s obligation of maintaining or raising the decedent, or living together with the decedent;

37.4.5. Evidence that the other heir has the ability and conditions to support the descendent but doesn’t support the descendent.