What is the capacity of a spouse to inherit conditions?

Husband and wife, is the identity of legitimate marriage between men and women, are living together partners, spouses each spouse.

Status of husband and wife relationship exists, depends on the validity of the marriage. Legal marriage has legal effect. People\'s Republic of China Marriage Act (hereinafter referred to as the Marriage Act) stipulates that legitimate marriage must be: (a) comply with the conditions of marriage, and (ii) approved by the marriage registration office, registration and obtaining a marriage certificate. Only those parties to a marriage of these two conditions, the right to inherit each other.

In inheritance law of China\'s \"spouse\", refers to is inherited when a person died, are still in existence of their marriage relationship of spouses, that is, when the death of one spouse, the other party is still keeping a marriage relationship of the deceased person. Therefore, one of the spouses to inherit the estate of the other party, you must have the following two conditions:

1. relations between husband and wife to be legitimate;

2. the legal relations between husband and wife should be still exists when the death of one.

Only at the same time meet the above two conditions, one of the spouses death, survival of the other party, have a spousal inheritance rights, inheritance of implementation to the deceased.