[Direct answer]The inheritance shall belong to the inheritor himself. According to Article 1152 of the Civil Code of the People's Republic of China, after the inheritance begins, if the inheritor dies before the division of the estate and has not waived the inheritance, the inheritance that should have been inherited by that inheritor shall be transferred to his inheritors, unless otherwise provided in the will. Therefore, the key to transfer inheritance lies in the time window of "after the inheritance begins and before the division of the estate", and that the inheritor has not waived the inheritance. In practice, it is also necessary to note that the waiver of inheritance should be made in writing before the handling of the estate. If no statement is made, it shall be deemed that the inheritor has accepted the inheritance. Transfer inheritance and subrogated inheritance are different in terms of subject, conditions, and legal consequences, and cannot be confused with each other.

1. Problem background and typical scenarios

After the decedent passes away and the inheritance has not been divided, if one of the heirs also dies, who should receive their share of the inheritance often leads to disputes. Typical situations include: shortly after the father passes away, the mother also dies, and the mother's heirs can obtain the mother's share of the father's inheritance; if one of the siblings dies, their spouse and children claim to receive the corresponding share; if an heir dies during the litigation, how should the litigation be handled. When the Beijing District Court handles such cases, it will strictly verify the time of death and whether the heir has waived the inheritance, and distinguish between subrogated succession and vicarious succession.

II. Key points of contention

First, the constitutive elements of subrogated succession and how to define the time window. Second, the determination of whether the decedent has not waived the right of succession and whether the implied acceptance is established. Third, how to determine the scope and order of the subrogated successors. Fourth, the criteria for distinguishing subrogated succession from subrogated inheritance. Fifth, how to handle the situation when the will makes other arrangements. Sixth, the continuation of the proceedings in the event of the death of a successor during litigation.

III. Professional analysis by Henglue Lawyers

In a will inheritance dispute handled by Henglue Law Firm, the decedent had previously made a self-written will, stipulating that the house would be inherited by his spouse, with the condition that a certain amount of money be paid to his siblings after the house was sold. The parties disputed over the manner and deadline of executing the will. After accepting the case, the lawyer focused on solving two issues: first, consolidating the validity of the will by providing evidence that the self-written will had complete form and genuine intent; second, securing a reasonable execution deadline by submitting income certificates and property valuation reports to demonstrate that selling the house at a low price in the short term would harm both parties' interests. The lawyer actively proposed a "transfer of ownership first, payment later" plan, and the court ultimately ruled that the will was valid and adopted a phased execution arrangement. Although the case centered on the execution of the will, the concept of time nodes is also applicable to subrogated inheritance: between the commencement of inheritance and the division of the estate, the rights and obligations may change, and who can ultimately obtain the share depends on the time of death and whether the inheritance is renounced. Henglue Law Firm's practical experience includes: first, securing evidence of the time of death as soon as possible, such as death certificates and account closure certificates; second, verifying whether the subrogated inheritor has renounced the inheritance in writing; third, clarifying the scope of subrogated inheritors, typically the decedent's legal heirs, and following their arrangements if they have another will; fourth, strictly distinguishing subrogated inheritance from substituted inheritance. Substituted inheritance occurs when the inheritor dies before the decedent, while subrogated inheritance occurs after the commencement of inheritance. This case was handled by Beijing Henglue Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client.

IV. Practical suggestions and legal basis

Action suggestions: First, determine the exact time when the succession begins and the transferee's death; Second, check whether there has been a written statement of waiver of succession; Third, sort out the scope of the transferee's heirs and whether they have a will; Fourth, if the case involves litigation, apply for the change or addition of parties in a timely manner; Fifth, transfer succession and subrogated succession are easily confused, so it is advisable to have a lawyer handle it. For more information, please refer to the platform's services.Inheritance of property and division of family assets,Divorce litigation and family disputes,Real estate transactions and construction projects,Creditor's rights and debts, and enforcementAndSpecial servicesLegal basis: Articles 1124, 1128, and 1152 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial decisions.

5. Henglu Law Firm's Reminder

Firstly, the core of subrogated succession is the timeline, with the order of death determining the path. Secondly, if a person does not renounce the inheritance in writing, they are generally deemed to have accepted it, which may subsequently lead to subrogated succession. Thirdly, the scope of subrogated successors generally includes their statutory heirs, unless otherwise arranged in the will. Fourthly, subrogated succession should not be mistaken for subrogated representation, as the subjects and conditions of the two are different. Fifthly, if an heir dies during litigation, the procedural continuation must be handled promptly to avoid delays affecting substantive rights.

VI. Frequently Asked Questions

Q1: If the heir dies after the inheritance has begun, who will inherit their share of the estate?

When the heir of the heir dies before the inheritance is divided and does not waive the right of inheritance, the share of inheritance shall be transferred to his/her heir. According to Article 1152 of the Civil Code of the People's Republic of China, if the heir of the heir dies before the inheritance is divided and does not waive the right of inheritance, the share of inheritance shall be transferred to his/her heir. If the heir makes a separate will, the inheritance shall be handled in accordance with his/her will.

Q2: How to distinguish between transfer succession and subrogated succession?

Regarding the time of death: If the heir dies before the decedent, his/her descendants in the direct line of blood shall succeed to the estate on his/her behalf, which is a kind of subrogated succession. If the heir dies after the succession begins but before the estate is divided, his/her share of the estate shall be inherited by his/her own heirs, which is a kind of transfered succession. The subjects and legal consequences of the two types of succession are different.

Q3: If the transferee of succession does not make a statement, does that mean they are giving up their right of succession?

No. According to Article 1124 of the Civil Code of the People's Republic of China, those who renounce their inheritance after the inheritance begins shall make a statement in writing before the handling of the estate. If no statement is made, it shall be deemed that they accept the inheritance. Therefore, if no statement is made, the succession will usually be transferred, rather than the loss of rights.

Q4: Can the spouse of the transferee inherit the property?

It depends on the method of succession of the transferee. If the transfer of succession occurs during the continuance of the marriage relationship and the share belongs to the transferee's inheritable property, the spouse may claim corresponding rights based on the marital joint property or inheritance rules. The specific situation needs to be determined based on the marital status, property agreements, and the timing of the inheritance.

Q5: Can a will exclude trans-succession?

Yes. According to Article 1152 of the Civil Code of the People's Republic of China, unless otherwise provided in the will, the heir may specify the ownership and transfer method of the inheritance share in the will, thereby affecting the transfer of inheritance. Therefore, the content and form of the will need to be carefully designed and comply with the statutory requirements.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limits. →Legal services for inheritance·Attorney Yuan Hang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.