Law of Succession of the People's Republic of China (Excerpts)

March 20, 2006  Editor: huangjuan

 

Adopted at the Third Session of the Sixth National People's Congress, promulgated by Order No. 24 of the President of the People's Republic of China on April 10, 1985, and effective as of October 1, 1985

 

 

Chapter II Statutory Succession

 

 

Article 9 Males and females are equal in their right to inheritance.

Article 10 The estate of the decedent shall be inherited in the following order:

First in order: spouse, children, parents.

Second in order: brothers and sisters, paternal grandparents, 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 in default of any successor first in order.

The "children" referred to in this Law include legitimate children, illegitimate children and adopted children, as well as step-children who supported or were supported by the decedent.

The "parents" referred to in this Law include natural parents and adoptive parents, as well as step-parents who supported or were supported by the decedent.

The "brothers and sisters" referred to in this Law include blood brothers and sisters, brothers and sisters of half blood, adopted brothers and sisters, as well as step-brothers and step-sisters who supported or were supported by the decedent.

Article 12 Widowed daughters-in-law or sons-in-law who have made the predominant contributions in maintaining their parents-in-law shall, in relationship to their parents-in-law, be regarded as successors first in order.

 

Chapter IV Disposition of the Estate

 

 

Article 28 At the time of the partitioning of the estate, reservation shall be made for the share of an unborn child. The share reserved shall, if the baby is stillborn, be dealt with in accordance with statutory succession.

Article 30 A surviving spouse who remarries is entitled to dispose of the property he or she has inherited, subject to no interference by any other person.

 

 

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