Subrogation inheritance refers to the death of the children of the heirs before the heirs, and the descendants of the children of the children of the heirs will inherit the blood. A person who succeeds to subrogation can generally only inherit the share of the inheritance that his father or mother is entitled to inherit.
The subrogated person must be the child of the heir. Article 26 of the Supreme People s Court s Opinions on the Implementation of Several Issues Concerning the Inheritance Law of the People s Republic of China stipulates that: The children of the heirs, the children of the children who have formed a supporting relationship may be subrogated and inherited; The adoptive child of a child may be inherited in subrogation; the adoptive child of a child adopted by the heir may be inherited in subrogation; the adoptive child of a stepchild who forms a supporting relationship with the heir may also be inherited in subrogation.
The subrogated heir must be an immediate humble relative of the subrogated heir. Article 25 of the Supreme People s Court s Opinions on the Implementation of the Succession Law of the People s Republic of China stipulates: Grandchildren, grandchildren, great-grandchildren, and great-grandchildren of the heir may all succeed by subrogation. Limited by age.
The right of subrogation is established based on the succession of the subrogated successor. If the subrogated successor loses the right of inheritance, the subrogation inheritance cannot be established. In addition, attention should be paid to two aspects in subrogation inheritance. First, subrogation is only applicable to legal inheritance and not to will or bequest. The second is that regardless of the number of subrogated heirs, they can only inherit the share of inheritance that his father or mother should inherit.