Elements of Subrogation

If the child of the heir is dying before the heir, the child of the heir of the heir is inherited by the immediate descendants of the blood of the heir. A person who succeeds to subrogation can generally only inherit the share of the inheritance that his father or mother is entitled to inherit. Subrogation must meet the following four conditions:

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.

Leave a Reply

Your email address will not be published. Required fields are marked *