The subrogated heirs are inherited in the order of the subrogated heirs. In inheritance, the subrogated heir can only inherit the successor s share of the subrogated person. If there are more than two subrogated heirs, they shall be jointly inherited, and the successor s share of the subrogated persons shall be divided equally according to the number of persons.
Subrogation inheritance is the symmetry of native inheritance. Also called indirect inheritance. Prior to the death or declaration of the death of the child of the heir, the descendant s immediate relatives of the child of the heir inherited the inheritance order of the child of the heir and inherited the inheritable share of the inherited child. In subrogation inheritance, the dead heir is the subrogated. It is the subrogator who exercises the right of inheritance in lieu of the subrogated person. The right of a subrogator to inherit the inheritance of an inherited person instead of the subrogated person is called the right of subrogation.
Article 10 of the Inheritance Law of the People s Republic of China : The children referred to in this law include children born in wedlock, children born out of wedlock, adopted children, and step-children with a supporting relationship.
Article 11: If the child of the heirs dies before the heirs, the children of the children of the heirs will be inherited by the immediate descendants of the blood relatives. The subrogation heir generally can only inherit the share of inheritance that his father or mother is entitled to inherit.
Of The grandchildren, grandchildren, great-grandchildren, and great-grandchildren of the heirs can all succeed by subrogation. The subrogated heirs are not restricted by the number of generations.
The adopted children of the heirs and the children of the stepchildren who have formed a supporting relationship may be subrogated and inherited; the adopted children of the biological children of the heir may be inherited by subrogation; the adopted children of the inherited children may be subrogated and inherited; The adoptive children of a stepchild can also be inherited by subrogation.
The subrogated heir lacks labor capacity and no source of living, or has performed major maintenance duties to the heir, he may be given more points when allocating the estate.
The direct effect of subrogation inheritance is that the subrogated heir can directly obtain the share of the property of the heir. In reality, subrogation inheritance is often combined with legal inheritance. It is difficult for the parties to distinguish between them. Therefore, it is recommended to consult a lawyer.