[Case Summary]This case involves an inheritance dispute (regarding the validity of a will). The deceased, Wang * and Liu *, left a joint will, stipulating that the two houses and savings in Dongcheng District would be inherited by Wang *1. However, Wang *2 disputed the validity of the will and demanded a statutory equal division of the inheritance. The case was handled by Beijing Hengluo Law Firm.Li YonghuiThe appellant, Wang *1, claimed that the joint will was legal and valid. After the first-instance court supported his claim, the other party appealed, and the second-instance court upheld the original judgment. The core disputes are the validity of the joint will and the scope of the deposit inheritance. In the end, Wang *1 inherited two sets of houses and the corresponding funds, and paid Wang *2 the amount of 501934.28 yuan. The applicable legal provisions are the relevant provisions of the Inheritance Chapter of the Civil Code.

I. Review of the Case Facts

"Is a joint will valid?" and "Can a joint will made by one party after the death of the other party be amended?" are frequently asked questions in inheritance disputes. Wang and Liu were a married couple with two sons, Wang *1 and Wang *2. They owned two houses at No. 301 and No. 403 in Dongcheng District, Beijing, which were jointly owned by the couple. On April 30, 2015, Wang and Liu left a will stating that the two houses would be inherited by Wang *1. On October 8, 2015, Wang again made a will stating that his share of the two houses and deposits would be inherited by Wang *1. Liu died on May 8, 2015, and Wang died on June 22, 2022. Wang left 747,715.55 yuan in deposits at Jinzhou Bank (which had already been withdrawn by Wang *1), 422,564.58 yuan in deposits at ICBC (including 253,028.2 yuan in pensions and 7,000 yuan in funeral expenses), and Wang *1 spent 20,670 yuan on funeral expenses. Wang *2 disagreed with the inheritance according to the will, believing that the parents' property should be divided equally according to law and questioning the authenticity of the will. Wang *1 therefore entrusted Henglu Law Firm to handle the case.Li YonghuiThe case was brought to court.

II. The focus of the case

  • Focus 1: Is the joint will of Wang * and Liu * legal and valid?Wang *2 claimed that the will dated April 30, 2015 was not a joint will of the couple and failed to reflect Liu *'s true intention, so it should be invalidated.
  • Focus Two: Whether the determination of the deposits and interest in the inheritance is appropriate.Wang *2 claimed that the interest on the 700,000 yuan of fixed deposits under Wang *'s name from 2015 to 2020 should be investigated and divided equally as the couple's joint property.
  • Focus 3: Handling of pensions, funeral expenses, and payments that have already been received.The nature of the relevant payments and the method of their division.

III. Professional intervention by Hengluo Lawyers

The party concerned (the respondent) claimed that:The joint will of Wang * and Liu * is legal and valid. The two sets of houses and deposits should be inherited by Wang *1. Wang *2's claim lacks factual and legal basis.

The appellant (Wang *2) claimed that:On April 30, 2015, the will should be deemed invalid (partially invalid for mother Liu *). The will is not a joint will of the couple, and it cannot reflect Liu *'s true intention. The first-instance court failed to verify the amount of the deposit, and it should verify the interest of the fixed deposit of 700,000 yuan and divide it equally as the couple's joint property.

Hengluo Lawyer's Agency Opinion:Li YonghuiThe lawyer argued that Liu's and Wang's joint will is legal and valid, and the first-instance court's findings of fact are completely correct. The parties who drafted the will were in a marital relationship and had a common purpose in making the will. Both parties signed the will, and the joint will was thus established. The joint will, which was authenticated by judicial appraisal and signed by Wang and Liu, should be recognized as legal and valid. The audio recordings and witness testimonies submitted by Wang 2 are not the statutory form of a will, and the first-instance court did not claim that there was an oral will. The existing evidence cannot overturn the joint will. Regarding the deposits, Wang 2 claimed that the 158,000 yuan in Wang's name was deposited on July 4, 2022, not at the time of Liu's death, and was included in the estate for division. In the first-instance trial, the judge pointed out that after Liu's death, Wang was still alive and using the couple's joint deposits. Therefore, the deposits in Wang's name were inherited as the estate of the deposits, and Wang 2 agreed with this. The first-instance court's handling of the case was correct.

IV. Outcome of the case

After the trial, the plaintiff and the defendant applied for a handwriting identification of the signatures of Wang * and Liu * in the two wills. The "Judicial Appraisal Opinion" confirmed that they were written by the same person. The first-instance court ruled that the houses No. 301 and No. 403 in Dongcheng District under Wang *'s name shall be inherited and owned by Wang *1; the deposits and interest in the accounts of Nongshang Bank and ICBC under Wang *'s name, the deposits and interest in the account of Jinzhou Bank, and the pensions and funeral expenses shall be owned by Wang *1; and Wang *1 shall pay Wang *2 the sum of 501934.28 yuan within 15 days after the judgment takes effect. Wang *2 appealed against the judgment. The second-instance court held that the will of April 30, 2015 met the formal requirements of a joint will and had factual and legal basis; the will indeed had Liu *'s signature, and the existing evidence could not prove that there was coercion or major misunderstanding at the time of signing, so it should be presumed that she acknowledged it as her true intention; regarding the deposits, the first-instance court's findings were clear and the application of the law was correct. In summary, the judgment dismissed the appeal and upheld the original judgment.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law FirmLi YonghuiAn agent. A joint will of a couple is legally valid as long as both parties sign it voluntarily and the content does not violate the law. After one party dies, the remaining part of the other party's will can still be effective. In inheritance disputes, if there are disputes over the authenticity of the will, a handwriting identification can be applied for; pensions and funeral expenses do not belong to the estate but can be handled together. It is recommended to use a standard form to make a will, and if necessary, have it notarized or witnessed by a lawyer to avoid disputes after death.

VI. Common Questions About Inheritance by Will FAQ

  1. Q: Is a joint will made by a couple valid?
    A:A will that is signed voluntarily by both spouses and whose content is legal is valid; after one spouse dies, the part of the will written by the surviving spouse may still take effect, which depends on whether it reflects the true intentions of both parties.
  2. Q: What should I do if there's a dispute over the authenticity of the will?
    A:It is possible to apply to the court for a judicial appraisal of the signature on the will. If the appraisal results are consistent with the sample, they will generally be accepted as evidence.
  3. Q: Are pensions and funeral expenses considered part of the estate?
    A:The pension and funeral expenses do not belong to the estate, but they can be dealt with together in the inheritance litigation, and the remaining amount after offsetting the relevant expenses will be divided among the heirs.
  4. Q: If one party dies, can the other party amend the joint will alone?
    A:The part of the joint will that has taken effect (regarding the property of the party who dies first) usually cannot be modified at will. Any modification must comply with the law and reflect the true intention of the testator.
  5. Q: Which takes precedence, testamentary succession or statutory succession?
    A:Inheritance shall be in accordance with the will if there is a legal and valid will. If there is no will or the part of the will is invalid, the inheritance shall be handled in accordance with the statutory succession.