Testamentary Succession Knowledge If I have a will, can I still inherit by subrogation or transfer?

Mondo Social Updated on 2024-01-29

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Testamentary succession refers to the designation of the testator in the form of a will during his lifetime to be inherited by a specific person after his death. This inheritance method is the embodiment of the testator's subjective will, and one or more of the legal heirs can be designated to inherit the estate, or a person other than the legal heirs can be appointed to inherit the estate.

Subrogation refers to the fact that in the event that the legal heir dies before the decedent, the direct descendants of the legal heir or the children of the legal heir will replace the heir. According to Article 1128 of China's Civil Code:"Where the children of the decedent die before the decedent, the direct descendants of the decedent's children shall be subrogated by blood relatives. 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 means that when the legal heirs die after the inheritance has begun, the inheritance that should be inherited can be transferred to their heirs. In this case, the estate that should have been inherited by the legal heir will be transferred to the immediate family member or other legal heirs.

So in the case of a will, can it still be subrogated or transferred?

First of all, if a will exists, then testamentary succession takes precedence. Article 1123 of the Civil Code stipulates: "After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance;If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest;Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. This means that if there is a legally valid will, the estate should first be handled in accordance with the will.

Secondly, subrogation and subordination mainly occur in the case of statutory succession. Article 1128 of the Civil Code stipulates: "If the children of the decedent die before the decedent, they shall be subrogated by the blood relatives of the direct descendants of the decedent's children." 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. ”This means that if the legal heirs die after the inheritance has begun, their due inheritance can be transferred to their heirs.

Overall, if a will exists, then testamentary succession takes precedence. If there is no part of the will or there is no will, then subrogation or transfer may occur in accordance with the provisions of statutory succession.

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