Subrogation inheritance is an inheritance system corresponding to standard inheritance, and is a special case of legal inheritance. It refers to a legal inheritance system in which the descendants of the heirs children inherit the inheritance of the heirs die before the children of the heirs are replaced by the descendants immediate bloods, also called indirect inheritance, lease inheritance. The heir who died before the heir was called the subrogated heir, referred to as the subrogated. The person who inherits the inheritance instead of the subrogated person is called the subrogated heir, referred to as the subrogated person. The right of a subrogator to inherit the estate instead of the subrogated is called the right of subrogation. Transfer to inheritance means that the heir dies before the actual acceptance of the inheritance after the beginning of inheritance, and the legal heir of the heir actually accepts the inheritance that he is entitled to in herit. The transfer heir is the heir of the dead heir who actually accepted the estate.
Subrogation and transfer inheritance both occur because the death of the heir has no right to exercise the right to inherit, and the heir of the heir exercises the inheritance of the property of the heir, but there are obvious differences between the two:
1. Heirs die at different times. Subrogation inheritance is when the heirs of the heirs die before or at the same time as the heirs; trans-inheritance is when the heirs of the heirs die after the succession activity begins, but before the inheritance.
2. The inherited content is different. Subrogation inheritance is that the children of the heirs directly participate in the division of the inheritance of the heirs and participate in the inheritance activities with other people who have the right to inherit. The heirs divide the inheritance of the heirs.
3 Different in nature: Transfer inheritance is the re-inheritance based on the first inheritance. For example, after the death of grandpa, the father dies before he can get the inherited inheritance. The grandson inherits the father from the grandpa (not yet assigned to the hand).) Inheritance; subrogation inheritance is directly inherited by the heirs immediate blood relatives.
4. The range of heirs is different. Subrogation can only take place within the scope of children who have a direct blood relative or a fictional blood relative to the heir, such as children, grandchildren, grandchildren, and are not subject to rank restrictions. They can become subrogated heirs; transferees are not limited to direct blood relatives. Or within the scope of the children, grandchildren, and grandchildren of the consanguinity, since the transfer is the inheritance of the heir, the children, spouses, and parents of the first-order heir have the right of inheritance.
5. The legal matters are different: the transfer of inheritance can be legal inheritance or inheritance by will; subrogation inheritance only occurs in legal inheritance.
Subrogation inheritance means that the children of the heirs die before the heirs, and are inherited by the immediate descendants of the children of the heirs. The subrogation heir generally can only inherit the share of inheritance that his father or mother is entitled to inherit. Although the two are similar in appearance, they are treated differently.
Handling of subrogation inheritance. Article 11 of the Inheritance Law stipulates: If the child of the heir has died before the heir, the heir to the descendant s immediate descendants is succeeded by the bloodline. The heir to the heir usually only inherits the share of the inheritance that his father or mother is entitled The prerequisite for subrogation inheritance is that the child dies before the death of the parent, and the subrogation successor is also limited to the immediate family members of the heir to the subrogated heir. Therefore, when dealing with subrogation disputes, we must make clear and grasp the following points: First, the subrogated person must be the child who died before the heir, which is the prerequisite for subrogation in China and the distinctive feature of the subrogation inheritance system in China. The second is that the subrogated successor is not limited by the number of generations, that is, the subrogated person can be the child, grandchil d, grandchild, great-grandchild, great-grandchild, etc. of the subrogated person, which further explains the scope of descendants of the immediate family. Third, subrogation inheritance is the bred relative stipulated in the junior direct blood relative of the subrogated heir, which includes both natural blood relatives and fictional blood relatives, that is, the children of the heirs of the heirs and the stepchildren who have formed a foster relationship. Children; adoptive children of the biological children of the heirs and stepchildren who have formed a foster relationship; adoptive children of the children of the heirs; adoptive children of the stepchildren who have formed a foster relationship with the heirs. The fourth is that the subrogated person has not lost the right to inheritance. The property inherited by the subrogated successor is the part that should be inherited by the subrogated person. If the subrogated person loses the right of inheritance, the corresponding subrogated heir cannot inherit the property. Fifth, subrogation is only applicable to legal inheritance. There is no subrogation inheritance of wills. If the heirs of the wills died before the heirs, the wills shall not be executed and the inheritance shall be based on legal inheritance. Sixth, in the subrogation succession, spouses must not inherit each other, that is, when the husband is the subrogated person, the wife does not replace the husband, and when the wife is the subrogated person, the husband does not replace the wife. Subrogation can only be carried out by his immediate kin. Seventh, when subrogation inheritance occurs, the succession status of the subrogated person instead of the subrogated person is inherited by the first order heirs, and the subrogation heirs have the same legal effect as the first order heirs. If there are no other heirs in the first order, subrogation inheritance will be the sole heir, and the entire inheritance will be obtained.
According to the opinions of the Supreme People s Court on the implementation of the Succession Law of the People s Republic of China, Article 52 stipulates that After the beginning of the inheritance, the heir did not indicate that he had waived the right to inherit and died before the division of the inheritance. The legal heirs and Article 53 stipulate that when the beneficiary expresses acceptance of the bequest after the beginning of the inheritance and dies before the division of the estate, his right to accept the bequest is transferred to his heirs . Attention should be paid to the following aspects: First, the inheritance only occurs after the succession of the heirs and before the division of the inheritance, and the succession of the heirs also occurs; second, only when the heirs die within the above period without actually acquiring the inheritance, instead of giving up the inheritance rights The third is that the heir s legal successor can only directly divi de the inheritance of the heir; the fourth is that the heir generally can only inherit the share of deeds due to the heir; the fifth is that the heir can be a direct blood relative of the heir Is the other legal heir of the heir.