Civil Code: Inheritance - Intestate Inheritance

Civil Code: Inheritance

Chapter II Intestate Inheritance
 
(These clauses are selected from The Civil Code of the People’s Republic of China translated and authored by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited. No reproduction is allowed unless authorized by the authors.)
Article 1126 Men and women shall be equal in inheritance.

Article 1127 The estate of a decedent shall be inherited in the following line:
(1) First in line: spouse, children, and parents; and
(2) Second in line: siblings, grandparents, and grandparents-in-law.
After the opening of inheritance, heirs first in line shall be entitled to inherit the whole estate, and heirs second in line shall only be entitled to inherit the estate in the absence of an heir first in line.
For the purpose of TITLE SIX, children (or child) shall include children born in wedlock, children born out of wedlock, adopted children, and stepchildren who supported or were raised by the decedent.
For the purpose of this TITLE SIX, parents (or parent) shall include biological parents, adoptive parents, and stepparents who were supported or were raised by the decedent.
For the purpose of this TITLE SIX, siblings shall include siblings of the whole blood, siblings of half blood, adopted siblings, and stepsiblings who supported or were raised by the decedent.

Article 1128 Where a child of the decedent dies before the death of the decedent, the direct lineal descendants of such child shall be subrogated to the right to inheritance.
Where a sibling of the decedent dies before the death of the decedent, the children of such sibling shall be subrogated to the right to inheritance.
Generally, a person who is subrogated to an heir's right to inheritance shall only be entitled to inherit the share of the estate which such heir is entitled to inherit.

Article 1129 Widowed spouses shall be deemed heirs first in line if they have performed their main obligations to support their parents-in-law.


 

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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