[Case Summary]This case involves a dispute over inheritance by will. After the death of the decedents, Wang Dashan and Liu Shufen, their son, Wang Zhihai, held up the printed will made by Wang Dashan in 2008 and the oral will made by Liu Shufen in 2019, claiming that all the inheritance should be inherited by him; Wang Zhichuan entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer acted on behalf of his client and argued that the will was invalid and should be divided according to statutory inheritance. The lawyer accurately refuted the formal defects of the printed will and the issues of disposition authority and legal capacity in the witnessed will. The court adopted some of the core opinions: the printed will of Wang Dashan was invalid, and the witnessed will of Liu Shufen could only dispose of her own share. Wang Zhichuan retained an eighth share of each of the two houses and the pension in kind. The core disputes were the formal validity of the printed will and the witnessed will, and the scope of heirs. Applicable laws: Article 1136 and Article 1135 of the Civil Code, and Article 15 of the Supreme People's Court's Several Provisions on the Application of the Time Effect of the Civil Code.

I. Review of the Case

In inheritance disputes, parties often ask questions such as "Is a printed will valid if it's not signed?" "Do stepchildren from a remarried family have inheritance rights?" and "What if the testamentary will written by a proxy doesn't reflect the testator's true intentions?" In this case, the deceased, Wang Dashan, and his wife, Liu Shufen, were a remarried couple who had two sons, Wang Zhihai and Wang Zhichuan. Wang Dashan also had a daughter, Wang Shuhui, from his previous marriage. At the time of their remarriage, Wang Shuhui was only 6 years old and did not live with them. Wang Dashan died on September 25, 2008, and Liu Shufen died on March 18, 2024. The focus of the dispute lies on the inheritance of two sets of real estate, bank deposits, and pensions registered under Wang Dashan's name.

Wang Zhihai claimed that Wang Dashan and Liu Shufen each made a will before their deaths, designating all their assets to be inherited by him. Wang Dashan's will, printed on August 8, 2008, stated that "all property shall be handled by Liu Shufen, and the children have no right to interfere". Liu Shufen's will, executed on December 8, 2019, stated that two sets of real estate and other assets would be inherited by Wang Zhihai. However, Wang Zhichuan did not recognize these wills, arguing that they did not comply with legal formalities or were invalid in content. Therefore, he entrusted Beijing Henglu Law Firm to handle the case for him.Li YonghuiThe lawyer represents the client in the lawsuit and claims that the inheritance should be divided according to the law of succession.

II. The focus of the case

  • Focus 1: Whether Wang Dashan's printed will is valid.The will consists of three pages. The first two pages do not have the signatures and dates of the testator and the witnesses. Whether it meets the legal form of a printed will is the primary point of contention.
  • Focus II: The legal effect of Liu Shufen's holographic will and her right to dispose of her property.There are doubts about the authenticity of the signature, the capacity to enter into the contract at the time of signing, and whether he/she has the right to dispose of Wang Dashan's share of the inheritance.
  • Focus 3: The scope of heirs and the distribution of inheritance.Whether Wang Shuhui is a legitimate heir and how various types of inheritance should be divided directly affect the rights and interests of all parties involved.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Wang Zhihai) claimed that:Both Wang Dashan's and Liu Shufen's wills are legal and valid, and all of the two sets of houses, deposits, and pensions should be inherited by them.

The defendant (Wang Zhichuan) argued that:Both wills do not comply with the statutory form or are invalid in terms of content. Liu Shufen has no right to dispose of Wang Dashan's share. The shares should be divided according to the statutory inheritance, and it is necessary to determine the scope of all the estate.

Legal Opinion by Hengluo Law Firm:Li YonghuiThe lawyer put forward a strong rebuttal:

  • The formal defects of Wang Dashan's printed will: According to Article 1136 of the Civil Code, a printed will shall be witnessed by two or more witnesses. The testator and the witnesses shall sign on each page and indicate the year, month and day. The first two pages of the will have neither the testator's signature nor the witnesses' signatures and dates, and the content only states "Liu Shufen shall handle all matters", without specifying the heirs. Therefore, the will should be deemed invalid.
  • There are doubts about Liu Shufen's written will: although the signature has been authenticated as hers, the sample is inconsistent with the one archived by the police station; combined with the audio recording and the transcripts from another case, it is possible that she did not have full capacity for civil conduct when the will was made; and she has no right to dispose of Wang Dashan's share of the inheritance, but only of her own personal property.
  • Clarify the qualifications of the heirs: Point out that the plaintiff omitted the heir, Wang Shuhui. As the daughter of Wang Dashan and his ex-wife, Wang Shuhui is legally entitled to inheritance and should participate in the division of the estate.
  • Clarify the scope of the estate: The plaintiff claims that, as the custodian, he/she did not list all the assets of the estate in full and requests the court to determine the full scope of the assets, including deposits and pensions.

IV. Outcome of the case

The court accepted some of the lawyer's core arguments after the trial. Wang Dashan died in 2008, and his estate was subject to the provisions of the Inheritance Law; Liu Shufen died in 2024, and her estate was subject to the provisions of the Civil Code. The court determined that: Wang Dashan's printed will did not meet the formal requirements of a printed will and did not clearly specify the inheritors, so it was invalid; Liu Shufen's notarized will reflected her true intention, but she could only dispose of her own share of property. Wang Shuhui had the legal right of inheritance to Wang Dashan's property, but no right of inheritance to Liu Shufen's property. The final judgment was as follows: Wang Zhihao would enjoy a three-quarters share of each of the two houses, while Wang Zhichuan and Wang Shuhui would each enjoy an eighth share; Liu Shufen's bank deposits would belong to Wang Zhihao, and the pension would be equally distributed between Wang Zhihao and Wang Zhichuan. Wang Zhichuan, through a lawyer's agency, would retain an eighth share of the housing property and receive the pension in cash.

5. Hengluo Law Firm's Reminder

The will must be drawn up in strict accordance with the law, and the nature of the property must be accurately identified. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent. Attorney's reminder: Each page of the printed will must be signed by the testator and the witnesses, and the year, month, and day shall be indicated; the testamentary will must be witnessed by two or more witnesses and written by one of them; the content of the will that disposes of other people's property shares is invalid. The legal identification of family relationships and stepchildren after remarriage directly affects the inheritance rights. Before making a will, it is necessary to consult a professional lawyer.

VI. Common Questions and Answers about Inheritance Cases

  1. Q:If the printed will only has the testator's signature on the first page, is it still valid?
    A:It is invalid or has significant flaws. The Civil Code stipulates that a printed will should be signed by the testator and the witnesses on each page and indicate the year, month, and day. If only some pages are signed, it is usually considered invalid because it does not comply with the statutory form.
  2. Q:Do the children from the previous marriage of a remarried spouse have the right of inheritance?
    A:Yes. If the stepchildren form a support relationship with their stepparents, they will have the right of inheritance from each other; even if they do not live together, the biological children still have the legal right of inheritance to their biological parents' estate according to law.
  3. Q:The will also allocates the property under the spouse's name to others. Is this part valid?
    A:Invalid. The testator can only dispose of the share of personal property belonging to him/her. The part disposed of the spouse's or other people's property will not take effect as the testator has no right to dispose of it.
  4. Q:What are the requirements for witnesses of a holographic will?
    A:There should be at least two unrelated witnesses present, and one of them should act as the scribe. The testator, the scribe, and the other witnesses should sign the will together and indicate the date. The heirs, the legatees, and their close relatives cannot serve as witnesses.
  5. Q:Can pension benefits be inherited as part of an estate?
    A:Generally, pensions do not belong to the deceased's estate, but are intended to provide comfort to the deceased's close relatives. They are usually distributed among close relatives in accordance with the principles of inheritance, and the specific arrangements are handled by the court based on the circumstances of the case.