Overview

Succession upon death means the transmission of the property and the relevant rights of the deceased to his heirs.Succession,as a legal institution,is established on the private ownership.1 Basically speaking,there are three sorts of successions,to wit: testamentary succession; legal succession (or statutory succession,intestate succession); and vacant succession.A testamentary succession is a succession that is liquidated according to the deceased’s wishes as stated in a legally valid will.A legal succession is a succession that is not liquidated according to the deceased’s wishes as expressed in a will but according to the rules prescribed by law.Vacant succession occurs when there are no known heirs for an estate to pass to.In vacant succession,the estate may escheat to the state.(https://www.daowen.com)

Succession involving foreign elements may arise in the following three situations: (1) the parties involved,whether the deceased or the successor (s),is/are foreigners; (2) the property,or part of property,is located in a foreign country; (3) the juristic fact of succession occurred in a foreign country.In modern society where international civil relationships are unprecedentedly close,it is not infrequent that a succession involving foreign elements occurs.