Subrogation inheritance refers to a system in which legal inheritance, in which the children of the heirs who have not lost the right of inheritance die before the heirs, is inherited by the descendants of the descendants of the children of the heirs to the inheritance of the inheritance rights that their father or mother has the right to inherit. Article 11 of the Inheritance Law of the People s Republic of China stipulates that when the child of the heirs dies before the heirs, the children of the children of the heirs will be succeeded by the direct descendants of their blood relatives.
A heir to a throne usually only inherits the share of the inheritance that his father or mother has the right to inherit. From a legal point of view, subrogation inheritance is a form of inheritance derived from statutory inheritance. It is a supplementary form of statutory inheritance and is also called indirect inheritance. As a special case of statutory inheritance, subrogation inheritance is applicable to statutory inheritance. Relevant laws and regulations to determine the scope, order and share of inheritance of heirs, subrogation inheritance can only take place in legal inheritance . Subrogation inheritance belongs to the category of legal inheritance, from the scope of subrogation to the principle of inheritance distribution during subrogation. Directly provided by law, others have no right to change arbitrarily.
Legacy In testamentary succession, because a testament has legal effect upon the death of the heir, all testamentary heirs do not enjoy the right of inheritance, so their immediate family members do not have the right of subrogation, so subrogational inheritance does not apply.
2. People who have the right of subrogation are limited to the deceased s immediate blood relatives, and are not restricted by generations. Grandchildren (grandchildren) and great-grandchildren (grandchildren) all have the right to subrogation, and the side Both blood relatives and elder direct blood relatives do not have the right to subrogate inheritance.
3. Whether heirs are subordinate or not, they generally can only inherit the share of inheritance that their father or mother has the right to inherit.
According to Article 11 of Chinas “Marriage Law”, subrogation inheritance means that in the legal inheritance, the children of the heirs die before the heirs, and are inherited by the immediate descendants of the children of the heirs. This is a supplement to statutory inheritance, and it is different from testamentary inheritance in terms of nature, scope and conditions. China s Inheritance Law stipulates that only statutory inheritance can succeed by subrogation, and willal inheritance cannot be subrogated. In addition, subrogation must meet certain conditions to be applicable.
Subrogation only exists in legal inheritance and is not applicable to will inheritance. Because one of the conditions of testamentary inheritance is that the heir does not die before the heir, and this is the opposite of the condition of subrogation. So subrogation inheritance does not apply to will inheritance.