[Case Summary]This case involves a dispute over inheritance by will. Aunt Li married her second husband, Uncle Zhao, in 1984. Uncle Zhao died in December 2021 and left a handwritten will, stipulating that Aunt Li would inherit the property at No. 101 Haidian District, Beijing and other assets. However, Uncle Zhao's five children from his previous marriage do not recognize the authenticity of the will and claim that the inheritance should be conducted according to the law. Aunt Li has entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiAttorney,Wang XinruiThe lawyer handled the case, and the court determined that the self-written will was legal. It ruled that 50% of the shares of House No. 101 belonging to Mr. Zhao should be inherited by Mrs. Li, and the subsidies, pensions, etc. should be divided. The core disputes are the validity of the self-written will, the division of marital joint property, and the nature of pensions. The applicable legal provisions are the provisions on testamentary inheritance and marital joint property in the Inheritance Chapter of the Civil Code.

I. Review of the Case Facts

When a remarried elderly person leaves a handwritten will to give their house to their spouse, but the ex-wife's daughter refuses to recognize it, this is a typical challenge in inheritance by will. Aunt Li and Uncle Zhao got married in 1984 and had a son, Zhao *6. However, Uncle Zhao's relationship with his five children from his previous marriage was rather cold. In December 2021, Uncle Zhao passed away and left a handwritten will, stating that the property at No. 101 Haidian District and other assets would be inherited by Aunt Li. After two years of unsuccessful negotiations, the five children refused to recognize the authenticity of the will and insisted on following the legal inheritance process. After consulting with a lawyer, Aunt Li entrusted the Beijing Henglu Law Firm to handle the case.Li YonghuiAttorney,Wang XinruiThe lawyer is handling the lawsuit. The house involved in the case is jointly owned by the couple, so half of it should be allocated to Aunt Li first. The part of the inheritance belonging to Mr. Zhao should be inherited by Aunt Li according to his will.

II. The focus of the case

  • Focus 1: Is a self-written will legal and valid?The five children do not recognize the authenticity of the will and claim that the testator was suffering from dementia when making the will. Can this be used to invalidate the will's legal effect?
  • Focus II: The jointly owned property of the couple shall be divided first.The house in question is jointly owned by the couple. How should the scope of Mr. Zhao's estate be determined?
  • Focus 3: The nature of the subsidy and pension payments.Are the special hardship assistance, pensions, and funeral expenses considered part of the estate, and how are they distributed?

III. Professional intervention by Hengluo Law Firm

The plaintiff (Aunt Li) alleged that:It is argued that Mr. Zhao's handwritten will is legal and valid, and that his share of the house involved in the case and the subsidy fee shall be inherited by him, while the pension and other benefits shall be distributed among his close relatives.

The defendant's (former wife's) position:I do not recognize the authenticity of the will and claim that Mr. Zhao was in a state of dementia when making the will, which affected his judgment. Therefore, the inheritance should be divided according to the statutory succession rules.

Legal opinion from Hengluo Law Firm:The lawyer reviewed the will and concluded that it meets the formal requirements of a self-written will and reflects the testator's true intention, thus it should be legally valid. The house involved in the case is a jointly owned property of the couple, so half of it should be allocated to Aunt Li first, and the rest shall be regarded as Mr. Zhao's inheritance. The subsidy of 7,000 yuan belongs to Mr. Zhao's inheritance. The pension and funeral expenses, which are derived from after his death and do not belong to the inheritance, should be owned by Aunt Li and Zhao *6 in light of the fact that other heirs have not fulfilled their duty of support. The lawyer requested that Aunt Li inherit the corresponding shares according to the will.

  • Demonstrate the legality of the form and content of the handwritten will, and refute the doubts raised by dementia patients
  • First, separate out half of the couple's jointly owned property and clarify the scope of the inheritance
  • Distinguish between inheritance and pensions, and argue that pensions should be enjoyed by those who fulfill their filial duties

IV. Outcome of the case

The court adopted the main arguments of Hengluo Law Firm and ruled that: the 50% share of Mr. Zhao's Haidian District No. 101 house owned by him shall be inherited by Mrs. Li; the special hardship subsidy of 7,000 yuan shall be inherited by Mrs. Li; the funeral subsidy of 5,000 yuan shall be enjoyed by Mrs. Li and Zhao *6; and the pension and condolence money of 313,028 yuan shall be enjoyed by Mrs. Li for 44,720 yuan, and the other six heirs shall each enjoy 44,718 yuan. The court held that the handwritten will is legal and valid, and the defendant failed to submit sufficient evidence regarding the authenticity of the will and the claim of dementia. The pension and other benefits derived from the death do not belong to the estate and should be equally divided among the close relatives.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Li YonghuiAttorney (Practice Certificate No.: 11101199611955812, subject to the certificate issued by the judicial administrative organ)Wang XinruiAttorney (Practice License No.: 11101202111290829, subject to the document issued by the judicial administrative organ): Attorney's Note: A self-written will is deemed to meet formal requirements if it is handwritten, signed, and dated by the testator; in remarried families, the couple's jointly owned property should first be divided in half, and the will only disposes of the testator's own share. The party who disputes the authenticity of the will bears the burden of proof. Without sufficient evidence, the court will not accept the claim; funeral expenses and other post-death expenses do not belong to the estate and should be distributed among close relatives based on the situation of their support. It is recommended to have a professional lawyer review the formal requirements of the will to avoid disputes after the testator's death.

VI. Common Questions About Inheritance by Will (FAQ)

  1. Q: How should a handwritten will be written to be legally valid?
    A:The testator's handwritten full text, signature, and indication of the date and month are sufficient to meet the formal requirements; the content is clear and the expression of intent is genuine, which makes the will valid. In this case, the will was recognized by the court.
  2. Q: What should I do if my children don't recognize the will and say that my parents are suffering from dementia?
    A:The dissenting party needs to provide evidence. If there is only an oral claim without sufficient evidence, the court will not accept it. In this case, the five children's challenge was not supported.
  3. Q: Can the remarried spouse take all the property?
    A:No. The marital joint property shall first be divided in half and given to the spouse, and the will only disposes of the inheritor's own share. In this case, the court ruled that 50% of the share should be inherited by the spouse.
  4. Q: Is the pension considered part of the estate?
    A:No. Pensions and other benefits arise after the death of the decedent and do not belong to the estate. They should be divided equally among close relatives or distributed according to the situation of support for the elderly.
  5. Q: Who has priority in inheritance between a former spouse's child and the current spouse?
    A:In the case of a valid will, the inheritance shall be in accordance with the will; in the absence of a will, the inheritance shall be in accordance with the statutory succession. In this case, there is a self-written will, and the spouse shall inherit the corresponding share of the estate in accordance with the law.