<h1 class="pgc-h-arrow-right" data-track="1" > basic facts of the case</h1>
Xiao Wang and Xiao Huang entered the marriage hall under the blessing of relatives and friends, opened a restaurant after marriage, a few months later, Xiao Wang was in a car accident while driving to purchase dishes, unfortunately died, at this time, Xiao Huang found that he was two months pregnant, Xiao Huang believed that the unborn child was Xiao Wang's flesh and bones, and was the legitimate heir of Xiao Wang. However, Xiao Wang's mother believes that the child has not yet been born and does not have the right to inherit the property.
So, does the unborn fetus have the right to inherit property?
<h1 class="pgc-h-arrow-right" data-track="8" > Modern Sunshine Law Firm reminds</h1>
The present case deals with the question of whether an unborn fetus has the right to inherit property. According to Article 1155 of the Civil Code of the People's Republic of China, when the inheritance is divided, the inheritance share of the fetus shall be retained. If the fetus is dead at the time of delivery, the retained share shall be handled in accordance with the legal inheritance.
In this case, Xiao Wang died in a car accident while out shopping for dishes, and the heirs had a dispute over the division of Xiao Wang's property after his death. Before Xiao Wang's death, Xiao Huang was pregnant, and when dividing Xiao Wang's estate, he should retain his due share of the inheritance for the fetus, but whether this part of the inheritance can be inherited by the newborn according to the law is determined according to the situation after the birth of the fetus.