[Case Summary]This case involves a dispute over a bequest. Zhao * and Xu * got married in 1965 and divorced in 2001. Xu * died in June 2022, leaving behind a handwritten will dated 2011, in which he bequeathed his personal property (real estate, deposits, stocks, and funds) to Zhao *. Xu *'s third daughter, Xu *, paid some of the expenses, while her eldest and second daughters questioned the authenticity of the will, claimed statutory inheritance, and demanded a division of the property in Zhao *'s name. Beijing Henglu Law FirmXue SuhuaAttorney,Wang FangliThe lawyer acted as the agent, and after the appraisal, it was confirmed that the will was written by Xu*. The court ruled that Xu*'s estate (the house in Dongcheng District, bank deposits, and securities assets) should be fully inherited by Zhao*. The core disputes include the authenticity of the will, the acceptance of the bequest within 60 days, and the division of property between divorced spouses. The applicable legal provisions are the provisions on self-written wills and bequests in the Inheritance Chapter of the Civil Code.

I. Review of the Case

After divorcing many years ago, her ex-husband left his property to her in his will. What should she do if his children don't recognize the inheritance? This is a typical scenario of a bequest dispute. Zhao * and Xu * registered their marriage in 1965 and had three daughters. They divorced by agreement in 2001, and Xu * never remarried. He died on June 6, 2022. After Xu *'s death, his three daughters paid for the funeral expenses. Zhao * cleaned up his belongings and found a handwritten will dated April 20, 2011, which stated that he would donate his personal property to "Zhao *, the mother of his children". Zhao * agreed to accept the bequest, but her eldest and second daughters claimed that the will was forged and demanded legal inheritance and the division of the property in Zhao *'s name. The third daughter agreed with her mother's request. After applying for an appraisal, the appraisal institution issued a report confirming that the main text and signature of the will were all written by Xu *. Zhao * then entrusted Beijing Henglu Law Firm to handle the case.Xue SuhuaAttorney,Wang FangliAttorney litigation.

II. The focus of the case

  • Focus 1: The authenticity of handwritten wills.The eldest and second daughters claimed that the signature was forged, and they wanted to know if the forensic examination could confirm that it was written by Xu * himself.
  • Focus II: The acceptance and nature of bequests.Zhao * and Xu * have already divorced. The will is actually a bequest. Has Xu * made a statement of acceptance within 60 days?
  • Focus 3: Whether the assets under Zhao's name have been divided.Is there any basis for Xu's children to request the division of the property owned by Zhao?

III. The professional intervention of Hengluo Law Firm

The plaintiff (Zhao * ) alleged that:It is claimed that Xu's handwritten will is legal and valid, and Xu's estate, including the house in Dongcheng, bank deposits, and securities assets, should be inherited by him in its entirety; and the pension and other benefits should be obtained by his filial third daughter.

The position of the defendants (Xu *'s first and second daughters):They refused to recognize the will, claimed that it was forged, demanded that the three daughters divide the inheritance equally, and argued that Zhao * and Xu * were cohabiting, so half of the assets under Zhao's name should be separated out as Xu's inheritance.

Legal Opinion by Hengluo Law Firm:The lawyer clarified the scope of the inheritance (the personal legal property left at the time of death); pointed out that Xu's handwritten will met the statutory requirements for a self-written will, and the donee should make an acceptance statement within 60 days after knowing the gift. Zhao's WeChat records and the time of suing proved that he had indeed accepted it, so the gift should be fully inherited by Zhao. The lawyer provided evidence that Zhao and Xu had already divorced, and Xu's children's request to divide the property under Zhao's name had no basis, so the court did not accept it.

  • Apply for a handwriting identification to confirm that the will was written by Xu * himself
  • According to the WeChat chat records and the time of the lawsuit, Zhao * accepted the bequest within 60 days
  • The court ruled that the property owned by the divorced spouse does not belong to the estate, and dismissed the claim for partition of the property

IV. Outcome of the case

The court adopted the opinion of Hengluo Law Firm and determined that the balance of the bank card, stocks, and the disputed house under Xu's name were her inheritance. Since Zhao and Xu had already divorced, the court did not accept the claim of Xu's children to divide Zhao's property. The final judgment was: Xu's inheritance included a house in Dongcheng District of Beijing, the balance and interest of three accounts in ICBC, and the total assets in the XX Securities account, all of which would be inherited by Zhao; the one-time pension of 529,813.2 yuan, the funeral expenses of 122,928 yuan, the six-month living subsidy for the surviving family of 61,464 yuan, and the special pension of 94,824 yuan under Xu's name would be obtained by Xu3; Xu3 would pay the discounted price of 184,549.3 yuan to Xu1 and Xu2 respectively, and Zhao would pay the discounted price of 119,125 yuan.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmXue SuhuaAttorney (Practice Certificate No.: 11101201211769926, subject to the certificate issued by the judicial administrative organ);Wang FangliAttorney (Practice Certificate No.: 11101201911086939, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client. Attorney's Note: The heirs under the will are limited to the scope of statutory heirs. If the spouse has already divorced, the will is actually a bequest, and the donee must expressly accept the bequest within 60 days after knowing of the bequest, otherwise it shall be deemed as a waiver. If there are disputes over the authenticity of the will, a handwriting identification may be applied for. For inheritances involving real estate, stocks, etc., it is recommended that a professional lawyer sort out the scope and fix the evidence of acceptance of the bequest.

VI. Common Questions and Answers about Legacy Dispute Cases

  1. Q: After the divorce, my ex-husband left me the house in his will. Is this considered inheritance or a gift?
    A:This is a bequest. The heirs under the will must be legal heirs, and divorced spouses are not included. Therefore, this is a bequest, and the heirs must expressly accept it within 60 days.
  2. Q: Within how long must the recipient of a bequest express their acceptance of the gift?
    A:It is known that within 60 days after receiving the gift, the donee shall express his/her acceptance or waiver. If no expression is made within the time limit, it shall be deemed as a waiver. In this case, Zhao *'s timely expression was supported.
  3. Q: What should I do if my children say the will is forged?
    A:An application for handwriting authentication can be made. After the authentication, it was determined that the will in this case was written by the decedent himself, and the claim of forgery was not supported.
  4. Q: Can I receive the deposits and stocks left in a will?
    A:Yes. The personal legal property includes real estate, deposits, securities, etc., all of which are inherited by the donee in this case.
  5. Q: Is the pension considered part of the estate?
    A:No. Pensions and other benefits arising after death do not belong to the estate and are generally distributed among close relatives based on their support obligations.