Reflections On The Inheritance System Of Widow Daughter-in-law And Widow Son-in-law In China

In our country,the widow daughter-in-law and son-in-law who do the main duty of support the old people are admitted into the law as the first order heirs.This regulation plays an important role in encouraging daughter-in-law and son-in-law to support the elderly,but at the same time it also lead many unfair inheritance results.The rules on the inheritance rights of them which established at the legislation of the Inheritance Law are separated from the current state of social development.On the one hand,it's very difficult for them to obtain the status of heirs.On the other hand,there are many conflicts with the inheritance rights of other heirs,which is contrary to the legislative intent of the provision.Through the analysis of several cases,the purpose of this paper is to find out the shortcomings of the current inheritance system,and find the middle ground for the reconstruction of the system.Recommends that widow daughter-in-law and sons-in-law who have no successors can be the first successors,whether or not they have remarried.When they have successors,they have the right to claim a share of the estate.At the same time,we should relax the limitation of the prerequisite of "widowed " and make clear the standard of "the primary maintenance obligation".After reanalyzing the rationality of in-laws inheritance,we hope that we can further establish and perfect the Legacy Discretion Distribution Request of our country.Make the Inheritance Law more complete and systematic,so can play an important role in promoting the happiness of family and ensuring the social harmony and stability.