Following the promulgation of the Civil Code of the People's Republic of China, the team, under the guidance of Lawyer Tang Yunhong, has conducted in-depth studies on the new regulations, focusing on the impact of the Civil Code on family wealth management and inheritance. Lawyer Tang Yunhong has also conducted special legal education lectures for clients on related systems, covering the following content:

I. The System of Executor of Heritage

The executor of heritage is the person responsible for the administration, preservation, management, and distribution of the deceased's property, and prevents the heritage from being transferred, concealed, occupied, or sold during the management process. The appointment of the executor of heritage first respects the deceased's wishes; in the absence of an executor, the heirs shall promptly elect one; if no one is elected, the heirs shall jointly assume the role (equivalent to having no administrator); if there are no heirs or all heirs renounce inheritance, the government department or grassroots autonomous organization shall bear the bottom-line responsibility as the executor of heritage, and the party may appoint a lawyer as the executor of heritage in the will.

With the continuous development of society, family wealth is also accumulating increasingly. As the saying goes, "It is difficult to create wealth," but actually, "preserving wealth" and "transmitting wealth" are even more difficult. How to promote family harmony, and the distribution and management of heritage are particularly important. The provisions of this system are of great significance to family inheritance.

II. Nominal Guardianship

Article 33 of the Civil Code stipulates: "A fully capable adult may, through prior consultation with their close relatives, other individuals or organizations willing to act as guardians, determine their own guardians in writing. The guardians determined through consultation shall perform guardianship duties when the adult loses or partially loses civil capacity."

Nominal guardianship is superior to legal guardianship, and nominal guardianship can be notarized. It is understood that some notary offices have carried out nominal guardianship notarization, with strict procedures. For nominal guardians who are not close relatives, they are even required to prepare guardianship reports and submit them to the notary office for safekeeping. When the ward loses civil capacity, if other legal guardians raise objections, the guardianship report serves as proof of the performance of guardianship duties.

III. Guardianship Appointed by Will

The law stipulates: Article 29 of the Civil Code: If the parents of the ward act as guardians, they may appoint guardians through a will.

How to apply this provision? Lawyer Tang Yunhong explained through a case: For example, when the couple divorced, they agreed that the wife would take care of the child, and the husband, worried that if he could not be cured, no one would supervise the wife's care of the child, and also hoped that someone could replace him to visit the child regularly, entrusted a lawyer to find a solution to his concerns. After the lawyer's guidance, the husband made a will specifying that after his death, his friend would act as the guardian and visit the child regularly.

IV. On the Right of Residence

The law stipulates: Article 366 of the Civil Code of the People's Republic of China: The right of residence has the right to enjoy the usufruct of possession and use of the other person's residential property in accordance with the contract, to meet the needs of living and residence.

Article 368: The right of residence is established gratuitously, but otherwise agreed by the parties. The establishment of the right of residence shall be applied for to the registration institution. The right of residence is established upon registration (Real Estate Registration Center).

Article 371: The provisions of this chapter shall apply mutatis mutandis to the establishment of the right of residence by will.

Lawyer Tang Yunhong shared practical applications: Establishing the right of residence by will to balance the contradictions between residence and inheritance, for example, if the spouse is not the owner of the house, and the owner of the house wants to leave the house to his son but wants his spouse to have a place to live in his old age, he can establish the right of residence in the will. The Real Estate Registration Center can register the right of residence regardless of whether the house is mortgaged, as long as the owner agrees.

After the lecture, the clients expressed that they had benefited greatly and also had many questions. During the Q&A session, Lawyer Tang Yunhong patiently answered all the questions, and the lecture ended successfully.