99.8% of the elderly make will to "prevent daughter/son-in-law"

Aunt Ma, who lives in Jing 'an District of Shanghai, made a will before her daughter's marriage. She plans to inherit one of her houses to her only daughter. In order to ensure that it is her pre-marital property and that she will be the sole owner.

According to the latest data from China Testamentary Vault, 99.8% of the Chinese elderly (over 60 years old) choose the "Prevent daughter-in-law and son-in-law" clause when making a will.

Does this clause really protect

your daughter from risk?

If a foreigner owns property in China, 

will you choose this clause when

your children inherit your property?

/CASE/

Last year, Aunt Ma's daughter started talking about getting married with her boyfriend .

74-year-old Aunt Ma made her will in February this year: ① A house in her name will be inherited by her daughter; ② Clearly indicate that the house "does not belong to the couple's common property".

Picture: Yang Liu

Oh , so that's why. Aunt Ma learned from the news: even if her daughter is her only child, she may not be able to fully inherit her own house. If the house is daughter’s joint property of the spouses and her marriage goes trouble, half of the house could be taken by the son-in-law.

"On the day I finished my will, I was a little sad, thinking about how I was old enough to write my will, but then I felt relieved that no matter what happens, no one will be robbed the house with my daughter." Aunt Ma said.

/Aunt Ma Faced New Problem/

Recently, her daughter wanted to trade a new house, but the house was inherited and would have to pay high taxes in the sale process. The real estate agent suggested selling the house to his daughter. That would save a lot of money with a 1% tax.

Aunt Ma felt a little moved. On March 21, I consulted Yan Tian, a staff member of the  Testamentary Vault.

"The real estate agent's method does save some taxes and fees, but there are 3 risks after the sale is completed," Tian said.

1

Because Aunt Ma only has one house, she will lose the initiative to control her property after she sells it. Pension can only rely on her daughter, life is uncertain;

2

After the sale, the daughter can add her spouse's name on the room book, Aunt Ma has no right to object;

3

If her daughter has an accident first, her parents and spouse are the first successors. It means that Aunt Ma may have to share her property with others.

After much consideration, Ma decided not to sell the house to her daughter early. ”After the newly married couple want to add a name in the house book or sell the house, also can take me as a ‘shield’. This is for reduce the contradiction between them.” She thought.

“Civil Code of the People's

Republic of China”

Article 1062 Property inherited or donated by husband and wife during the duration of their marriage relationship shall be their joint property and shall be owned jointly by them.

However, Article 1062 also provides, with the exception of the provisions of paragraph 3 of Article 1063 of this Law. That is to say, any property determined to belong only to one party in a will or contract of gift is not the joint property of the couple.

By stating in the will that the property inherited by the heir is not the joint property of the couple, it can exclude the common effect of the daughter-in-law or son-in-law.

What do you think of this case?

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