Recently, we received a consultation from a Singaporean client named Tom (nickname), who is the stepfather of his wife’s child from her previous marriage. Tom and the child have a very good relationship. The child is now 11 years old, and recently, the child’s biological father passed away. Tom and his wife plan to assist the child in inheriting the estate of the biological father. However, they encountered obstacles while communicating with the biological father’s family and sought help from Lawyer Abby.

Tom’s question is: In this case, should the lawsuit be filed in the name of the stepson, or should Tom himself file the lawsuit on behalf of the stepson?

In China, at what age can one have the right to file a lawsuit in court?

In fact, in China, citizens have the right to sue from the moment of birth, but those with no civil conduct capacity and those with limited civil conduct capacity need to have their legal representative act on their behalf in litigation.

Tom’s stepson is currently 15 years old and is considered a person without litigation capacity in China. If a lawsuit is to be filed, it needs to be done by his legal representative. Since Tom has a nurturing relationship with the stepson, he can become the guardian of the stepson.

The way to handle this case is to file the lawsuit in the name of Tom’s stepson, and at the same time, the name and relationship of the agent (Tom or his wife) should be stated in the complaint.

Extended thinking: If Tom’s stepson successfully inherits his biological father’s property, can he inherit Tom’s property after Tom passes away?

The answer is yes. According to Chinese law, children who have the right to inherit include not only biological children but also adopted children and stepchildren who have formed a nurturing relationship.

Stepchildren with a nurturing relationship have dual inheritance rights, which means they have the right to inherit the estate of their step-parents as well as their biological parents. The premise for the establishment of a nurturing and educational relationship is that the stepchild is a minor and generally needs to have the fact of living together, and the nurturing facts need to last for a sufficiently long time for the court to recognize the existence of a nurturing relationship.

Therefore, as long as Tom’s stepson has been living with Tom since he was a minor and the nurturing facts have lasted for a sufficiently long time, Tom’s stepson can inherit Tom’s property.