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Those who have a legal will shall inherit according to the will, and those who do not have it shall inherit according to the legal order stipulated in the Inheritance Law.
Article 10. The estate is inherited in the following order:
First order: spouse, children, parents.
Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.
The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.
The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.
The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
Article 11. Where the decedent's children die before the decedent, the descendants of the decedent's children shall inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.
Article 12. Where a widowed daughter-in-law has fulfilled the primary obligation of support to her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.
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Legal analysis: 1. After the inheritance begins, if there is a will, it will be handled in accordance with the testamentary inheritance or bequest, if there is a bequest and maintenance agreement, it will be handled in accordance with the content of the agreement, and if there is no will or bequest, it will be handled in accordance with the way of statutory inheritance 2. Statutory inheritance shall be inherited in order, divided into first order and second order, if there is a first-order heir, the first-order heir shall be given priority, and if the first-order person is dead, the inheritance shall be carried out in the second order.
Legal basis: Civil Code of the People's Republic of China
Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; If there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 1127 Inheritance shall be inherited in the following order:
1) First order: spouse, children, parents;
2) Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.
For the purposes of this Part, the term "children" includes legitimate children, illegitimate children, adopted children, and dependent stepchildren.
For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.
The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
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The order of heirs is in the first order: spouse, children, parents; Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, the first-order heir inherits the mountain, and the second-order heir does not inherit; If there is no first-order heir, the second-order heir shall inherit.
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Order of succession: First heirs: spouse, children, parents. Secondary heirs: siblings, grandparents, maternal grandparents.
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Order of succession: spouse, children, parents; Siblings, grandparents, maternal grandparents.
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