Pursuant to Article 642 of the 2015 Civil Code, the lost or damaged will is stipulated as follows:
(1) From the time of inheritance opening, if the will is lost or damaged to the point of not fully expressing the will of the testator and there is no evidence to prove the true will of the testator, the will will will be considered no will and the regulations on inheritance under law will be applied.
(2) In case the inheritance is not divided but a will is found, the inheritance shall be divided according to the will.
(3) During the period of requirement to divide the inheritance, in case the divided inheritance is found and the will must be divided according to the will if the heir is required by the will.
A lost will can only be divided according to the will if it can be found or the content can be proven. If the will of the testator cannot be determined, the inheritance will be divided according to the law.
At the same time, Article 651 of the 2015 Civil Code stipulates the following legal heirs:
(1) The legal heirs are specified in the following order:
- The first inheritance line includes: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological child, adopted child of the deceased;
- The second line of inheritance includes: paternal grandfather, paternal grandmother, paternal grandfather, maternal grandmother, biological brother, biological sister, biological younger sister of the deceased; biological grandchild of the deceased whose biological grandfather, paternal grandmother, maternal grandfather, maternal grandmother;
- The third line of inheritance includes: the deceased's paternal grandfather, maternal grandfather; biological uncle, biological uncle, biological uncle, biological aunt, biological aunt of the deceased; biological grandchildren of the deceased whose deceased is the paternal uncle, biological uncle, biological uncle, biological aunt, biological aunt; exfoliation of the deceased whose paternal grandfather, maternal grandfather, maternal grandfather.
(2) Heirs in the same line are entitled to equal inheritance.
(3) Those in the next line of inheritance are only entitled to inherit if there is no one in the previous line of inheritance due to death, no right to inherit, loss of right to inherit or refusal to receive the inheritance.
Thus, people who can inherit land by law are divided into 3 inheritance lines for each different subject. And heirs in the same line are entitled to equal inheritance.
Note, those in the next line of inheritance are only entitled to inherit if there is no one in the previous line of inheritance due to death, no right to inherit, loss of right to inherit or refusal to receive the inheritance.
