Enquiring knowledgeable people Inquisitive education Hospital Treasury

Are subrogation heirs sequential heirs

home page

Are subrogation heirs sequential heirs


        

Submit answer
Favorable reply
  • 2024-06-27 05:00:49

    Is subrogation heir the first order heir? The answer is yes.
    1. According to Article 11 of the Inheritance Law, if the children of the decedent die before the decedent, the direct lineal relatives of the children of the decedent shall inherit in subrogation. Among them, the direct blood relatives of the younger generation of the subrogated include both natural blood relatives and legal imitated blood relatives. Specifically, it includes: grandchildren, grandchildren, great grandchildren, great grandchildren and other natural lineal relatives of the decedent:
    (1) The adopted children of the decedent and the natural children of the step children who have formed a dependency relationship.
    (2) The adopted children of the decedent's own children.
    (3) The adopted children of the decedent.
    (4) An adopted child of a step child who has formed a dependency relationship with the decedent.
    2. It can be seen from the above that the subrogation belongs to the children of the decedent, and the children of the decedent belong to the first order heirs, so the subrogation belongs to the first order heirs. The subrogation successor is fully applicable to the inheritance rules of the subrogated person, so the subrogation successor also belongs to the first order successor.
    2、 Which situations apply to subrogation
    1. The decedent must die before the decedent. This is not only the primary condition and the only reason for the establishment of subrogation in China, but also one of the important differences between subrogation and subrogation.
    2. The decedent who died first must be the child of the decedent. Other heirs, such as the decedent's spouse, parents, brothers and sisters, grandparents, maternal grandparents, etc., do not inherit by subrogation before the decedent dies.
    3. The subrogation heir must be the direct descendant of the subrogated.
    4. The subrogation must enjoy the right of inheritance before his life. If the subrogation heir loses the right of inheritance based on legal reasons, the right of subrogation will be extinguished jointly and severally. Article 28 of the Opinions of the Supreme People's Court on the Implementation of the Inheritance Law states: "If a successor loses the right of inheritance, his lineal relatives of his younger generation cannot inherit in subrogation."
    5. Subrogation is only applicable to statutory succession, not testamentary succession. That is to say, only the legal inheritance right of the subrogated heir can be subrogated. If he enjoys the right of testamentary inheritance, the will will become invalid because he died before the decedent, and there is no subrogation at this time.
    6. No matter the number of subrogation heirs, in principle, they can only inherit the share that the subrogation heirs are entitled to inherit.

  • civil Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):