[Case Summary]This case is an inheritance dispute. After the death of the decedents, Zhang Funing and Liu Shuxiang, the heir, Zhang Ying, holds a written will, a video, and an oral will claiming to inherit all the assets, including two properties in Haidian District of Beijing and savings; the other heirs, Zhang Jiaming and Wang Xiao, entrust Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer filed a lawsuit. The lawyer fully expressed his legal opinions from multiple dimensions, including the formal requirements of the will, the content of the will, and the contradictions in the witness's testimony. Both the first-instance court and the Beijing First Intermediate People's Court adopted the lawyer's viewpoint, determining that the written will and the audio-visual will did not meet the statutory formal requirements, and the oral will was also not established. The estate involved in the case should be handled in accordance with statutory inheritance. The core disputes are whether various wills meet the formal requirements stipulated by law, and whether fulfilling more maintenance obligations can affect the distribution ratio. Applicable laws: The provisions of the Inheritance Law of the People's Republic of China on the form of wills and statutory inheritance (corresponding to the Inheritance Chapter of the Civil Code).

I. Review of the case facts

After the death of an elderly family member, many families are most concerned about issues such as "whether the will is legally valid", "how to divide the house without a will", and "how many witnesses are required for a written will". In this case, Zhang Funing and Liu Shuhang were a married couple who had six children together: Zhang Qin, Zhang Yu, Zhang Ying, Zhang Ling, Zhang Zhenzhen, and Zhang Ping. Liu Shuhang passed away on July 29, 2013, and Zhang Funing died on December 29, 2013. The house located at No. 301 in Haidian District, Beijing, was registered under Liu Shuhang's name and was a marital jointly owned asset. The house located at No. 304 in Haidian District was originally registered under Zhang Ping's name. In June 2017, through court mediation, Zhang Jiaming and Zhang Funing became co-owners of the house, with Zhang Jiaming owning five-sixths and Zhang Funing owning one-sixth. The current market value of the house, after appraisal, is 4.3832 million yuan.

Zhang Ping died on May 23, 2017, and his daughter Zhang Jiaming and his wife Wang Xiao participated as heirs. Currently, Zhang Jiaming claims to inherit one-sixth of the shares of House No. 304 held by Zhang Funing and to pay the other heirs a discounted price. All heirs equally divide House No. 301. However, Zhang Ying claims that her father, Zhang Funing, left a notarized will on September 10, 2017, bequeathing House No. 301 to himself; and she submitted a video showing Zhang Funing saying "This house is for Zhang Ying". She also claims that Liu Shuxiang left an oral will before her death, bequeathing House No. 301 to her heirs. Due to the fact that the parties have been unable to reach an agreement on the division of the house, Zhang Jiaming and Wang Xiao entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer filed a lawsuit, requesting that the inheritance be divided according to the statutory succession.

II. The focus of the case

  • Focus 1: Whether the holographic will, audio-visual will, and oral will submitted by Zhang Ying are legal and valid.There are disputes about the form, content, and witness testimonies of the three types of wills. Whether they can be used as the basis for the distribution of the estate is the core issue of this case.
  • Focus II: Can the heirs who fulfill more support obligations receive a larger share of the inheritance?Zhang Ying claimed that she had fulfilled more obligations to support the elderly and requested a larger share. This factual determination directly affects the specific shares of each heir.
  • Focus 3: How to accurately calculate the scope of the inheritance and the shares of the joint ownership.The ownership of the two houses, No. 301 and No. 304, is complex and involves prior mediation. It is necessary to clarify the part that can be inherited before dividing it according to law.

III. The professional intervention of Hengluo Law Firm

The plaintiffs (Zhang Jiaming and Wang Xiao) claimed that:All the wills held by Zhang Ying are not valid. The two sets of houses and deposits involved in the case should be divided by all the heirs according to the law of succession. Zhang Ying's claim to inherit them alone lacks legal basis.

The defendant (Zhang Ying) argued that:Zhang Funing left a legally valid holographic will, and Liu Shuxiang left an oral will. The video can also prove that the house should be inherited by them. Therefore, they should obtain the full share of House No. 301 according to the will.

Legal Opinion of Hengluo Law Firm:After accepting the commission,Li YonghuiThe lawyer conducted a systematic argumentation on the validity of the will:

  • Regarding the written-by-agent will: The agent and the witnesses gave their testimonies in court. However, the three witnesses' statements on the time of making the will, the number of copies of the will, and the content of the testator's expression were contradictory, and it was impossible to prove that the content of the will was the true intention of Zhang Funing. Therefore, according to the law, the will should not be admitted as evidence.
  • Regarding the audio and video wills: If the content of the video is unclear and does not meet the statutory formal requirements for audio and video wills, it should not be used as the basis for making a final ruling.
  • Regarding the oral will: the witness cannot specify the exact time of the will, and the statements about the ownership of the house in daily communication do not meet the formal requirements of an oral will, so it is not legally valid.
  • Based on the facts of support: Zhang Ying has indeed fulfilled many obligations of support, and she can receive a larger share during the distribution, but this should be based on the principle of statutory inheritance.

IV. Outcome of the case

After the court heard the case, it adopted the opinions of Hengluo Law Firm. The first-instance court ruled that Liu Shuxiang's oral will did not comply with the statutory form and was not admissible, and the estate would be dealt with according to the statutory succession; Zhang Ping died before the division of Liu Shuxiang's estate, and his rights were transferred to Wang Xiao and Zhang Jiaming. Zhang Funing's written will was not admissible because the witness's statements were contradictory and the video did not meet the formal requirements, and the estate would be dealt with according to the statutory succession. The court ordered that: House No. 301 would be inherited by Zhang Ying in a share of one-half, Zhang Qin, Zhang Yu, and Zhang Ling would each inherit a share of one-eighth, Zhang Jiaming would inherit a share of one-twelfth, and Wang Xiao would inherit a share of one-twenty-fourth; Zhang Funing's share of one-sixth in House No. 304 would be inherited by Zhang Jiaming, who would pay corresponding compensation to Zhang Ying, Zhang Qin, Zhang Yu, and Zhang Ling; and Zhang Funing's bank deposits would be inherited by Zhang Ying, who would pay each of the others 22,246.46 yuan. 法院经审理，采纳了恒略律师的意见。一审法院认定：刘淑香的口头遗嘱不符合法定形式，不予采信，遗产按法定继承处理；张平在刘淑香遗产分割前死亡，其权利转移给王晓、张佳铭。张富宁的代书遗嘱因证人陈述矛盾、录像不符合形式要求均不予采信，遗产按法定继承办理。法院判决：301号房屋由张英继承二分之一份额，张琴、张玉、张玲各继承八分之一份额，张佳铭继承十二分之一、王晓继承二十四分之一；304号房屋中张富宁的六分之一份额由张佳铭继承，张佳铭给付张英、张琴、张玉、张玲相应折价款；张富宁名下存款由张英继承，并给付他人每人22246.46元。

Zhang Ying appealed against the judgment, but the Beijing First Intermediate People's Court ruled in the second instance that the case should be handled in accordance with statutory inheritance. The first-instance court's determination of the division ratio after considering the duty of support was not improper, and the judgment dismissed the appeal and upheld the original verdict. This case was decided in accordance with the provisions of the Inheritance Law of the People's Republic of China regarding the formal requirements of a will, statutory inheritance, and the principle that "those who have fulfilled their main duty of support to the decedent may receive a larger share of the inheritance". As a result, the inheritance of the estate returned to statutory division.

5. Henglu Law Firm's Reminder

In inheritance disputes, the legality of the will and the clarity of its content are equally important. This case was handled by Beijing Henglu Law Firm.Li YonghuiAttorney (Practice Certificate No.: 11101199611955812, subject to the certificate issued by the judicial administrative organ): Agent. Attorney's Reminder: Holographic wills, printed wills, and audio/video wills must strictly meet the legal requirements of having two or more witnesses present, with each page signed and dated with the year, month, and day; oral wills are only valid in emergency situations and can be made in other forms after the emergency is resolved. Consulting a professional lawyer before making a will can help avoid the risk of a "written document being invalid".

VI. Common Questions About Inheritance Cases FAQ

  1. Q:The handwritten will left by the elderly person was only drafted by one person and not signed by any witnesses. Is it valid?
    A:A holographic will, according to the law, should be witnessed by two or more witnesses. One of the witnesses should write the will on behalf of the testator, and the testator, the person writing the will on behalf of the testator, and other witnesses should sign the will and indicate the year, month, and date. If there are no witnesses or signatures, it will generally be deemed as a formal defect and be invalidated, and the estate will be handled in accordance with the statutory inheritance law.
  2. Q:How to draft a legally compliant audio/video will?
    A:A will made in the form of audio or video recording shall be witnessed by two or more witnesses. The testator and the witnesses shall record their names or portraits, as well as the year, month and date in the audio or video recording, and the content shall clearly specify who will inherit the estate. A will with ambiguous expressions is difficult to be accepted as evidence.
  3. Q:If one of the children has fulfilled the main obligation of supporting their parents, will they receive a larger share of the inheritance when it's divided?
    A:Yes. For the heirs who have fulfilled their main obligation of supporting the decedent or lived with the decedent, they may receive a larger share of the inheritance when the estate is distributed; for those who have the ability and conditions to support but fail to fulfill their obligation of support, they shall not receive a share or receive a smaller share, and the specific amount shall be determined by the court based on the evidence.
  4. Q:If one parent dies first and the other parent dies later, how is the order of inheritance of the property determined?
    A:The estate of the first deceased party shall be inherited by their spouse, children, and parents according to law; the estate of the second deceased party shall then be divided among their heirs. If an heir dies before the division of the estate, their share of the inheritance shall be transferred to their own heirs (transfer of inheritance). In case of complex situations, it is recommended to sort things out as soon as possible.
  5. Q:If there is a dispute over the validity of a will, what should one do?
    A:First, check the form of the will and the witnessing process, and collect evidence such as the witnesses' testimonies, handwriting samples, and audio recordings. If no agreement can be reached, a lawsuit regarding inheritance disputes can be initiated, and the court will make a ruling on the validity of the will and the share of the inheritance. If necessary, a professional lawyer can be engaged to assist with the process.