What does transfer inheritance look like? What is transfer inheritance

Article 52 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China stipulates that "after the commencement of inheritance, if the heir does not renounce the right of inheritance and dies before the division of the estate, his right to inherit the estate shall be transferred to his lawful heirs".

1. The heir dies after the death of the deceased before the division of the estate.

2. The heirs have not lost the right of inheritance, nor have they given up the right of inheritance.

When the conditions for transfer of inheritance are met, the transfer of the heir shall inherit the inheritance of the transferred heir. In statutory inheritance, the successor shall inherit the inherited share of the decedent; If the heir is transferred to the testament, the inheritance that he or she should inherit according to the lawful will shall be inherited by the heir.

Legal Analysis: Succession refers to a continuous form of inheritance in which the heir dies after the inheritance begins but before the division of the estate, and the share of the inherited estate is transferred to the heirs. After the commencement of the inheritance but before the division of the estate, if the heir does not express his renunciation, it is deemed to have accepted the inheritance.

In the unfortunate event that the heir dies at this time, the inherited share of the estate will be inherited consecutively.

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 an agreement on bequest and support, it shall be handled in accordance with the agreement.

Article 1127 Inheritance shall be 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 inherit; 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, children born out of wedlock, 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.

Succession refers to the death or declaration of death of the heir who has not actually obtained the inheritance for some reason after the death of the decedent and before the division of the estate, and his inherited share is transferred to his legal heirs.

According to the provisions of the Civil Code, the main characteristics of succession are as follows:

1. Only after the death of the decedent and before the division of the estate, and the heirs also die one after another, the transfer of inheritance occurs;

2. Only the heirs die within the aforesaid time without actually receiving the inheritance, and do not renounce the right of inheritance;

3. The estate of the decedent can only be directly divided by the legal heirs of the heir;

4. The transferred heirs can generally only inherit their share of the inheritance due to the transferred heirs;

5. The heirs may be the direct blood relatives of the decedent, or they may be other legal heirs of the decedent.

Legal basis] Article 1152 of the Civil Code, after the commencement of inheritance, if the heir dies before the division of the estate and does not give up the inheritance, the inheritance that the heir should inherit shall be transferred to his successor, unless otherwise arranged in the will.

First of all, the time of death of the heirs is different. In subrogation, the heir dies before the decedent, and the heir dies after the death of the decedent but before the division of the estate.

Secondly, the subject of inheritance is different. The heirs in subrogation are only the direct descendants of the decedent, and the heirs in the transfer of inheritance can be all the legal heirs of the decedent.

Finally, the scope of application is different. Subrogation only applies to statutory succession and does not apply to testamentary succession, while transfer succession applies to statutory succession and testamentary succession.

1. What are the legal characteristics of subrogation of inheritance.

The legal characteristics of subrogation are as follows:

1. The decedent is limited to the deceased children of the decedent;

2. Subrogation heirs are limited to the direct blood relatives of the descendants of the subrogated heirs;

3. The subrogated heir participates in the inheritance as the first-order heir, and generally can only inherit the share of the inheritance that the subrogated person should inherit;

4. If a child who dies before the decedent meets the conditions for losing the right of inheritance and is sentenced by the court to lose the right of inheritance, his or her direct blood relatives shall not inherit by subrogation;

5. Subrogation is only suitable for statutory inheritance, not testamentary succession.

2. Does the Civil Code stipulate that the will can be subrogated for succession?

No. According to the law, subrogation refers to the subrogation of the direct blood relatives of the decedent's children in the legal succession in which the decedent's children die before the decedent. This is a supplement to statutory succession and is different from testamentary succession in terms of nature, scope, conditions, etc.

According to the laws of our country, only legal inheritance can be subrogated, and testamentary succession cannot be subrogated. In testamentary succession, if the testamentary heir dies before the testator, the testator's estate shall be distributed by way of statutory inheritance or in accordance with relevant regulations. Therefore, testamentary succession cannot be applied to subrogation.

Civil Code of the People's Republic of China

Article 1128:Where the children of the decedent die before the decedent, the blood relatives of the children of the decedent are to inherit by subrogation.

If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.

Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.

Succession refers to the death of the heir before the actual acceptance of the inheritance after the commencement of the inheritance, and the legal heir of the successor actually accepts the inheritance to which he is entitled on his behalf. After the commencement of the inheritance, if the heir dies before the division of the estate and does not renounce the inheritance, the inheritance that the heir should inherit shall be transferred to his heirs.

Opinions on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China" 52