[Case Summary]This case involves a legal inheritance dispute. Zhang *1 and Zhao * had three children, Zhang *, Zhang *2, and Zhang *, and left behind a house at No. 05 in Haidian District, Beijing. Zhang *3 was unmarried and childless, and died before Zhao *. Zhang *2 sued for inheritance, and Zhang * agreed to the division but claimed that he had fulfilled the main obligation of supporting the elderly and should receive a larger share. He entrusted Beijing Henglu Law Firm to handle the case.Xiong BinrongAttorney representation. The lawyer guided Zhang * to collect evidence from multiple sources, submitting medical records, nursing care invoices, medical invoices, receipts from the elderly apartment, shopping orders, witness statements, audio recordings, etc. to prove the main obligation of support. The court determined that Zhang * fulfilled the main obligation of support and could receive a larger share, and accordingly awarded him 60% of the house inheritance, while Zhang * 2 inherited 40%. The core dispute: the determination of the main obligation of support and the proportion of the larger share. Applicable legal provisions: the provisions of the Civil Code of the People's Republic of China on statutory inheritance and the right to receive a larger share of the inheritance for those who have fulfilled the main obligation of support to the decedent.

I. Review of the Case

"I've taken care of my elderly parents my entire life. Can I get a larger share of the inheritance?" This is a common question among filial children. Related terms include "Can I get a larger share of the inheritance if I fulfill my main duty of supporting my parents?", "What evidence is needed to claim a larger share of the inheritance?", "How is the statutory inheritance share calculated?", and "How to collect evidence of supporting parents?" Zhang *1* and Zhao *2* were married and had three children: Zhang *, Zhang *, and Zhang **. Zhang *1* died on February 16, 2005, Zhao *2* died on December 22, 2022, and Zhang *3* (unmarried and childless) died on March 18, 2018. Zhang *1* and Zhao *2* left behind a house located at *05 Xianyuan Road, Haidian District, Beijing City, which was purchased by Zhang *1* through a "House Sale and Purchase Contract" signed with his employer on December 20, 1993, and registered under Zhang *1*'s name with a "House Ownership Certificate" obtained in May 1996.

Zhang *2 filed a lawsuit with the court, requesting to inherit the House No. 05 left by his parents according to law. Zhang * stated that he agreed to the division of the inheritance according to law, but since he had fulfilled the main obligation of supporting his elderly parents, he demanded a larger share of the inheritance. To maximize his interests, Zhang * entrusted Henglue Law Firm, and the law firm assigned an attorney to handle the case.Xiong BinrongThe lawyer handled this case and guided Zhang * to collect evidence from various sources to prove the main obligation of supporting the elderly.

II. The focus of the case

  • Focus 1: Whether Zhang * fulfilled his main duty of supporting the deceased.It is necessary to form a complete chain of evidence by using evidence such as cases, documents, and witness testimonies.
  • Focus II: The specific proportion of the inheritance that the surviving spouse will receive after fulfilling their main duty of supporting their parents."It's more about 'may' rather than 'should'. The court will make a comprehensive judgment based on the specific circumstances of the obligations assumed by each heir."

III. Professional intervention by Hengluo Lawyers

The plaintiff (Zhang *2) alleged that:Zhang *2 claimed that he/she should inherit the House No. 05 left by his/her parents according to law.

The defendant (Zhang *) argued that:Zhang agreed to the division of the inheritance according to law, but claimed that he had fulfilled his main duty of supporting the two elderly people, and demanded a larger share of the inheritance.

Legal Opinion by Hengluo Law Firm:Xiong BinrongThe lawyer guided Zhang to collect evidence from various sources, organize and summarize it, and formulate litigation strategies. During the trial, Zhang provided evidence such as medical records, diagnosis certificates, nursing fee receipts, medical expense receipts, receipts from the elderly apartment, screenshots of shopping orders, witness statements, and audio recordings to prove that he had fulfilled his main duty of supporting the elderly for many years. Based on this, the lawyer argued that according to the provisions of the Civil Code, the heirs who have fulfilled their main duty of supporting the deceased or who have lived with the deceased may receive a larger share of the inheritance when the estate is distributed.

IV. Outcome of the case

After trial, the court held that the inheritance is the legal personal property left by a citizen upon his death; after the inheritance begins, it shall be handled in accordance with the statutory inheritance, and if there is a will, it shall be inherited according to the will. Zhang *1 and Zhao * were husband and wife, and the house involved in the case was the couple's joint property, with each of them holding a 50% share. Zhang *1 died in 2005 without leaving a will, and his share was inherited by Zhao *, Zhang *, Zhang *2 and Zhang *3 in accordance with the law; Zhang *3 died in 2018 without being married or having children, and his share was inherited by Zhao * in accordance with the law; Zhao * died in 2022 without leaving a will, and his inheritance was inherited by Zhang * and Zhang *2 in accordance with the law.

The court comprehensively considered that Zhang * fulfilled his main obligation of supporting his parents and could receive a larger share of the inheritance. Based on the specific circumstances of the case, the court made a judgment as appropriateZhang * inherited a 60% share of the house involved in the case, and Zhang *2 inherited a 40% share of the house involved in the case.Moreover, it is clearly stipulated that the address registered on the property ownership certificate shall prevail in the case of the involved house. Hengluo Law Firm helped the client successfully meet his demand for multiple shares of the inheritance.

5. Henglu Law Firm's Advice

Compared with other heirs, those who have a closer relationship with the decedent in terms of economy, life, and emotion may receive a larger share of the inheritance. However, in judicial practice, the court will make a comprehensive judgment based on the evidence. It is recommended that while fulfilling your duty of supporting your parents, you should also properly preserve the relevant evidence. If you have any questions about "Can you receive a larger share of the inheritance if you fulfill your duty of supporting your parents?", you can consult a professional inheritance lawyer. This case is handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts on behalf of the client and, based on the rules of multiple shares in statutory inheritance, helps the client obtain a 60% share of the house.

VI. Common Questions and Answers about Inheritance Disputes

  1. Q: If I've fulfilled my main obligation to support my parents, can I get a larger share of the inheritance?
    A: Yes. For the heirs who have fulfilled their main support obligations to the decedent or lived with him/her, they can receive a larger share of the estate when the inheritance is distributed. In this case, Zhang * received a 60% share of the estate for this reason.
  2. Q: What evidence is needed to prove the "main obligation of support"?
    A: Cases, diagnosis certificates, nursing and medical expense receipts, receipts from senior citizen apartments, shopping orders, witness statements, audio recordings, etc. In this case, the lawyer guided the client to collect evidence from multiple sources.
  3. Q: Is it "should" or "can"?
    A: It's "possible" rather than "mandatory". The court will make a comprehensive judgment based on the specific circumstances of the obligations assumed by each heir, and insufficient evidence may not be supported.
  4. Q: How should a house be divided if there's no will?
    A: According to the statutory inheritance, the first-order heirs, including spouses, children, and parents, generally receive an equal share of the inheritance. Those who have fulfilled their main duty of supporting their elderly parents or lived together with them may receive a larger share.
  5. Q: If one of my siblings passes away, what should I do with their share of the inheritance?
    A: If the person who should inherit the estate dies before the decedent, his/her share of the inheritance shall be inherited by his/her heirs (such as parents). In this case, Zhang *3's share of the inheritance will be inherited by Zhao *.