What are the requirements for subrogation inheritance

There is only one reason for subrogation inheritance, that is, the children of the heirs die before the heirs, and the children of the heirs take the place of the heirs instead of the heirs to participate in the inheritance activities, which is called subrogation inheritance . This is a legal method of inheritance. Article 11 of the Inheritance Law stipulates that when the child of the heirs dies before the heirs, the descendants of the children of the heirs descendants will be succeeded by the direct blood. The father or mother has the right to inherit the share of inheritance. Thus, subrogation inheritance must meet the following conditions:

Only the children of the heirs can be the subrogated heirs, and the legal heirs of other heirs are not entitled to be the heirs of the subrogated;

Opinion of the Supreme People s Court on Several Issues concerning the Implementation of the Inheritance Law of the People s Republic of China Article 26 The children of the adopted children and stepchildren who have formed a supporting relationship may be subrogated and inherited ; Subrogation can be inherited; adopted children can be inherited subordinately; adopted children of stepchildren who have formed a supporting relationship with the inherited can also be subrogated.

Therefore, they have no right to require other legal heirs who are in the same order as the subrogated person to share the inheritance, that is, two or more subrogated heirs can only inherit one share of their father or mother, and cannot participate in the equal division of inheritance.

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