After the death of the step-parents, if there is no will and no bequest and maintenance agreement, and the step-child sues for inheritance, can he get a share of the inheritance?
Recently, the Shanghai Baoshan District People's Court concluded a legal inheritance dispute case.
A
The relationship between stepparents and children that forms a relationship of support is a fictitious blood relationship in law, and its determination is mainly based on whether the stepparents have raised and educated their minor stepchildren or stepchildren who are adults but cannot live independently. Where stepparents have a continuous and stable experience of living together with a minor stepchild or a stepchild who is unable to live independently, and the stepparents have performed their duties of raising and educating them, it may be determined that a stepparent-child relationship with a support relationship has been formed, which can be considered from several perspectives such as the length of the support relationship, the objective existence of economic and spiritual support, and the degree of integration of family identity.
Source: Case Spotlight
Comprehensive editor of the rule of law in Pudong