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Updated : 2015-06-09

Features of statutory succession

Statutory succession refers to the succession of the decedent’s estate according the scope of the successors, sequence of the successors, the shares of estate that the successors inherit and the distribution principles directly provided by the law. (1) Statutory succession is the supplement to the testamentary succession. Although statutory succession is the most common way of succession, testamentary succession should be applied first after the succession begins. From the perspective of effect, the testamentary succession takes precedence over the statutory succession and the statutory succession is the supplement to the testamentary succession. (2) Statutory succession is the limit to testamentary succession. The Law of Succession of China provides that reservation of a necessary portion of an estate shall be made in a will for a successor who neither has a job nor a source of income. (3) Successors in statutory succession are provided by law based on the kinship between the successors and the decedent and are not designated by the decedent. (4) The legal provisions on the successors, the sequence of succession as well as the principle of estate distribution in statutory succession is mandatory and no person may change.