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What are the requirements for subrogation

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What are the requirements for subrogation


        

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  • 2024-06-26 14:01:43

    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, siblings, grandparents, etc., will not inherit by subrogation before the decedent dies.
    3. The successor in subrogation must be the junior lineal relative of the subrogated person. According to the laws of all countries, subrogation can only be the direct subordinate relative of the subrogated person, and neither the collateral lineal relative nor the direct senior lineal relative of the subrogated person has the right to inherit in subrogation. In principle, there is no algebraic limit for subrogation heirs. Article 11 of the Inheritance Law of the People's Republic of China stipulates that if the children of the decedent die before the decedent, they shall be succeeded by subrogation by their lineal descendants. The Supreme People's Court further clearly pointed out in its opinion on the implementation of the Inheritance Law that the grandson, grandchild, great grandchild and great grandchild of the decedent can inherit by subrogation, and the subrogation successor is not limited by the seniority.
    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 subrogation right of inheritance will be extinguished jointly and severally. The Supreme People's Court pointed out in Article 28 of the Opinions on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China that if a successor loses the right of inheritance, his lineal relatives of younger generations cannot inherit by subrogation.
    5. Subrogation is only applicable to statutory succession, not in testamentary succession, that is, only the legal inheritance right of the subrogated successor can be subrogated. If the right of testamentary succession is enjoyed, the will will become invalid because it died before the decedent, and subrogation does not occur 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.

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