老人离异无子女，晚年由先去世养兄的子女照顾，身后事亦由侄子侄女操办。老人生前未立遗嘱，留下一处上海的房产和4万余元存款无人继承。侄子诉至无锡市梁溪法院，要求依法继承姑姑的遗产，法院会支持吗？

The neighbors confirmed that Xiao Xie and her sister did their best to take care of their aunt

After my aunt's death, there was no one to inherit the property

The niece's lawsuit against the inheritance was upheld by the court

Xie and Lin are adoptive brothers and sisters, the adoptive father died in 75, and the adoptive mother died in 0. Lin had a marriage, but did not have children, and lived in Shanghai for a long time after the divorce. Xie had a son and two daughters, who died in 0. Since 0, 0-year-old Lin has moved to Wuxi due to his mobility difficulties and no one to take care of him.

After coming to Wuxi, Xie's son Xiao Xie and his two sisters took the initiative to take care of their aunt Lin. In 2018, Lin died of illness, and the three sisters and brothers handled the funeral for their aunt and buried her in Wuxi.

林某生前有一套上海的房产和4万余元存款无人继承，但林某未立遗嘱,也未签过遗赠抚养协议。2023年8月，小谢诉至法院，要求继承姑姑林某的遗产。

During the trial, Xiao Xie's two sisters both expressed their willingness to give up their inheritance share of Lin's estate and agreed that Lin's estate would be inherited by Xiao Xie alone.

After the court's trial, it was ascertained that Xie and Lin did constitute an adoptive brother and sister relationship. The court held that Lin did not leave a will and did not sign a bequest and maintenance agreement, so it should be handled in accordance with statutory inheritance. The decedent Lin's parents are deceased, have no spouse and children, and there is no first heir, so the second heir in line should inherit it.

Among the second heirs, Lin's grandparents and maternal grandparents are inferred to have passed away according to their age, so Lin's heirs are only his adoptive brother Xie. Although the decedent Lin died before the implementation of the "Civil Code of the People's Republic of China", but the estate has no one to inherit and no one has been bequeathed, and the estate has not been disposed of, the provisions of the "Civil Code of the People's Republic of China" on subrogation may be applied in accordance with law.

According to the relevant provisions of the Civil Code of the People's Republic of China, Xie has passed away before the decedent Lin, and Lin's estate should be subrogated by Xie's children in accordance with the law. Xie's one son and two daughters have the right to inherit. During the trial, Xie's two daughters voluntarily renounced their share of the inheritance.

In the end, the court organized mediation between the two parties and reached a mediation agreement, determining that Xiao Xie would inherit all the estate of his aunt Lin.

The nieces and nephews will be properly supported in their old age

Legitimacy and humanity should be encouraged

The judge undertaking the case said that before the implementation of the Civil Code of the People's Republic of China, the law did not provide for the right of subrogation for the children of the decedent's siblings, and Article 11 of the original "Inheritance Law" provided that if the children of the decedent died before the decedent, the direct descendants of the decedent's children shall be subrogated by blood relatives. Therefore, before the implementation of the Civil Code of the People's Republic of China, if there was no one to inherit Lin's estate in this case, the estate could only be collected by the state or collective.

However, the second paragraph of Article 1128 of the Civil Code of the People's Republic of China, which was implemented later, stipulates that if the siblings of the decedent die before the decedent, the children of the decedent's siblings shall inherit by subrogation. Accordingly, the Civil Code of the People's Republic of China expands the scope of subrogation heirs, that is, nephews, nieces, nephews and nieces can inherit by subrogation in accordance with the law.

Article 14 of the Provisions on the Temporal Effect of the Civil Code stipulates that if the decedent dies before the implementation of the Civil Code, and the estate is inherited and bequeathed, and the children of his siblings request subrogation, the provisions of paragraphs 2 and 3 of Article 1128 may apply, except where the estate has been disposed of before the implementation of the Civil Code.

In this case, although Lin died before the implementation of the Civil Code of the People's Republic of China, there was no one to inherit the estate and no one to bequeath, and the estate was not disposed of, so Lin's nephew could request subrogation to inherit his estate.

The judge said that the new provisions of the Civil Code of the People's Republic of China on the expansion of the scope of subrogation have largely avoided the situation that the property of the decedent has no one to inherit, and is also conducive to guiding relatives to help each other, provide for the elderly and raise children, and protect the private property rights of citizens.

In this case, Lin's nieces and nephews provided for the elderly in Lin's old age, allowing him to spend his old age in peace, and also gave him a proper burial after Lin's death, and their behavior of respecting, loving and caring for the elderly is in line with the fine traditions of the Chinese nation and is worthy of social encouragement and advocacy. The inheritance of Lin's estate by Lin's niece is not only in line with the existing legal provisions, but also in accordance with human ethics.

Yangtze Evening News/Purple Cow News reporter Zhang Jianbo