A septuagenarian in Shanghai who never married left a large estate after she passed away. Among which a aunt (on the maternal side), a younger male cousin (on the maternal side) and a younger female cousin (on the paternal side) considers that he or she had provided the enough care for the old aged should gain more division from the estate and which the a younger female cousin (on the paternal side) initiated a the legal proceedings against the two other parties. Recently, the Shanghai court heard the case, but the final result was contrary to most people's expectations in which the court ruled that the estate should be owned by the state. Owning to the judgement considers the fact that the relatives aforesaid even though have certain support but not reach the extent of the legal duty. All claims are dismissed From which the judges gave the reason of the fact is that, although the relatives herein sometimes to to visit the old aged and give certain support of the daily life but it is depend on the friendship custom as well as the old aged didn’t need the necessary economical support.

Why the court would hold such opinions of the judgement after the above introduction which you read? What is the detailed reason？Let me explain to you hereinafter:

First, Shall the collateral relatives have the right of inheritance from the deceased?

According to Article 1123 of the Civil Code, after succession begins, if there is a will, it shall be inherited or handled according to the will; If there is a testamentary support agreement, it shall be handled according to the agreement; In the absence of any of the above, legal succession shall apply. According to Article 1127 of the Civil Code, legal succession includes: (1) the first order: spouse, children, parents; (2) The second order: siblings, grandparents, maternal grandparents.

From the explanation here above, a aunt (on the maternal side), a younger male cousin (on the maternal side) and a younger female cousin (on the paternal side) shall not have the right of inheritance as a collateral relative.

Second, Is the blood relationship as the one and only “formal condition” considered the right of inheritance? No division or less division to who behaves no filial piety.

       According to Article 1131 of the Civil Code, a proper inheritance can be allocated to a person other than the heir who depends on the decedent for support, or a person other than the heir who provides more support for the decedent. The "Civil Code" in order to encourage and affirm whose in the law has no right to inherit, but also fulfills the obligation to support the people which shall give them a certain inheritance compensation. However, someone should be paid as the compensatory rule rather than gain a larger share of the estate from the behaviour of supporting the decedent.

direct support for relying on dependency for a larger share of the estate.

In addition, blood inheritance is not absolute. According to Article 1130 of the Civil Code, heirs who have the ability and conditions to support and fail to support the obligations of the inheritance shall not distribute the right of or less right of the division of the estate.

In this case, Shanghai Pudong Court gave three basis for determination, which are worth your reference: If are there (1) economic supports, (2)or life care, (3)or spiritual comfort?

Third, How to deal with the estate which is lacking of the heirs?

According to Article 1160 of the Civil Code, uninherited and unbequeathed estates are owned by the state and used for public welfare; If the deceased was alive as a member of the collective ownership organization , it shall be owned by the collective ownership organization. The old aged in this case never married, nor did he have children or other legal heirs, let alone a will, which was the main basis for the court's decision.

Be alive, ill, and die to which is the natural regulation for difficult avoiding. Whatsoever, dividing the estate before dead which is the civil right belongs to each civilian. No more issues and abide by the willingness of the decedent to allocate the estate is the main meaning of the will.

To sum up, estate allow to be divided arbitrarily by the will of the decedent, but for not be divided as you please.