论文部分内容阅读
近日,笔者所在公证处某公证员遇到这样一则案例,有一位老人想在自己百年之后将自己名下的一处房产公证给自己的孙女。该公证员了解老人的意愿后,按照遗赠公证程序受理了该案,但是了解这位老人的家庭情况后,公证员却陷入了沉思。原来,这位老人父母双亡,丧偶,只生育了两个儿子,大儿子早年已经去世,留有一女,正是老人所提及的孙女,二儿子成年后目前尚未结婚。如果按照遗赠给老人办理了公证,这位老人百年之后,其孙女持着公证书前来时,是应当出具遗嘱继承权公证书还是接受遗赠公证书呢?回过来看,现在受理后是应当出具遗嘱公证书呢还是遗赠公证书呢?
Recently, the author where a notary public notary encountered such a case, there is an old man would like to own one hundred years after his name will be a real estate notary to their granddaughter. The notary, aware of the wishes of the elderly, accepted the case in the bequest notarized procedure, but the notary public lost his mind after learning about the family of the elderly. It turned out that the elderly parents died, widowed, only gave birth to two sons, the eldest son has already died in the early years, leaving a daughter, it is the elderly mentioned granddaughter, the second son is not yet married adult. If, according to the bequest to the elderly for notarization, the elderly after a hundred years, his granddaughter holding a notary certificate came, it should be issued by the will to inherit the right certificate or a bequest notarization? In the past, now after the acceptance should be issued testament Notary certificate or bequest certificate?