The subject of the right of inheritance is the subject who enjoys and can exercise the right of inheritance. According to the relevant provisions of the Inheritance Law, the subject of the right of inheritance can be specified directly by the law, or designated by a legal and effective will, or designated by a legacy maintenance agreement signed by the decedent and others. There are three categories:
1. Legal successor. It refers to the spouse, children, parents, brothers and sisters, grandparents and maternal grandparents of the decedent. Article 10 of the Inheritance Law stipulates that "inheritance shall be carried out in the following order: first, spouse, children and parents; second, brothers and sisters, grandparents and maternal grandparents. Successors in the second order include brothers and sisters, grandparents and maternal grandparents (if there is no successor in the first order or the successor in the first order gives up the right of inheritance, the successor in the second order shall inherit).
2. Successors appointed by the will. According to the provisions of Article 16 of the Inheritance Law, citizens can make a will to designate one or more legal heirs to inherit, or they can make a will to donate their personal property to the state, the collective or people other than the legal heirs to inherit.
3. The successor designated in the legacy maintenance agreement. Article 31 of the Inheritance Law stipulates: "A citizen may sign a legacy maintenance agreement with his or her dependents. According to the agreement, the dependents assume the obligation of the citizen to live and die, and enjoy the right to be bequeathed. A citizen may sign a legacy maintenance agreement with a collective ownership organization. According to the agreement, a collective ownership organization assumes the obligation of the citizen to live and die, and enjoys the right to be bequeathed." In addition, according to Article 28 of the Inheritance Law, "the share of inheritance of the fetus should be reserved when the inheritance is divided. If the fetus is dead at birth, the share reserved should be handled according to legal inheritance." In inheritance disputes, the first thing to determine is the subject of inheritance, that is, who has the qualification of inheritance. In the absence of a will, the determination of inheritance qualification should be based on the statutory will to divide the estate. The determination of inheritance related kinship according to law is based on the rights and obligations between kinship stipulated in the Marriage Law to determine whether they are qualified for inheritance.
