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In China, Who Have the Right to Inheritance?

In China, the children, spouse, parents, siblings, paternal grandparents, and maternal grandparents of the heir have the right to inheritance.

If there is no will, the estate of a decedent shall be succeeded in the following order: (1) first in order: spouse, children, and parents; (2) second in order: siblings, paternal grandparents, and maternal grandparents.

When succession opens, the successor(s) first in order shall inherit to the exclusion of the successor(s) second in order. The successor(s) second in order shall inherit the estate in default of any successor first in order.

The right to inheritance is equal no matter what the sex is and whether they are the children born in or out of wedlock.

In China, it is regarded as the intestate succession compared to the testate succession.

If there is a will, as a testate succession by the successor(s) or donee(s)-by-will.


Reference: The Civil Code: Article 1071, 1127 


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Contributors: CJO Staff Contributors Team

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