Abandonment of the right of inheritance does not result in subrogation. If the right of inheritance is expressly waived before death, the person giving up the right of inheritance dies before the decedent, and when the decedent dies, the heir's children lose the right of subrogation. Although the death of the successor before the decedent is the only condition for the generation of subrogation, before the death of the successor, the right to inheritance has been expressly waived, that is, the right to enjoy the inheritance of the decedent free of charge. The waiver of this right indicates that the successor has no right to inheritance, that is, a child without an heir, Of course, there will be no question of succession by subrogation. Therefore, if you give up the right of inheritance, there will be no question of succession by subrogation. The waiver of inheritance is unconditional and without reservation. Abandonment of the right of inheritance means that the inheritor voluntarily waives the right to enjoy the inheritance of the decedent for free. If the inheritor takes certain conditions or requirements as the prerequisite for the waiver of the right of inheritance, and the waiver of inheritance results in the inability of the inheritor to perform the obligations of decision or infringes the rights of other inheritors, such waiver of the right of inheritance is invalid. Therefore, the waiver of the right of inheritance must ensure that it performs its obligation to make decisions and that the rights and interests of other successors are not infringed. The waiver of the right of inheritance with conditions and reservations cannot be regarded as a waiver of the right of inheritance. After the waiver of the right of inheritance is made, the restoration of the right of inheritance requires a decision by the court. There are two ways to give up the right of inheritance: one is in writing; The second is the oral way. Once the waiver is made and recognized by other heirs, litigation disputes arising from the restoration of their right of inheritance and the re assertion of their right of inheritance must be made by the people's court on the basis of the reasons for the restoration of the right of inheritance put forward by the person who abandoned the right of inheritance, otherwise, the right of inheritance cannot be restored.
