[Case Summary]This case involves a dispute over inheritance by will. The decedent, Li Xiang, died on February 12, 2023. Prior to his death, he drafted a self-written will in 2007, leaving his house at No. 60, Building 5, XX Road, Xicheng District, Beijing to his biological daughters, Zhang Nan and Zhang Yu. Li Xiang's third spouse, Liu Shufen, claimed that the house was a marital joint property, questioned the validity of the will, and demanded to inherit all of it. The two plaintiffs entrusted Beijing Henglu Law Firm to handle the case.Xiong BinrongThe lawyer filed a lawsuit, requesting that each party inherit a 50% share of the house and divide the rent. The core disputes include the validity of the handwritten will, the nature of the ownership of the house, the defendant's mandatory reserved share and maintenance claims, and whether the rent belongs to the estate. The court ruled that the will is legally valid and the house is Li Xiang's personal property, awarding each of the two plaintiffs a 50% share of the inheritance. Legal provisions applied: relevant articles of the Inheritance Chapter of the Civil Code.

I. Review of the case

After a loved one passes away, how to divide the estate, whether a handwritten will is valid, and whether pre-marital property counts as marital joint property are the most frequently searched questions by parties involved in inheritance disputes. The decedent, Li Xiang, had three marriages in his lifetime: his first marriage with Zhang Xiaohua produced two daughters, Zhang Nan and Zhang Yu (the plaintiffs in this case), and they divorced in 1978; his second marriage with Zhao Ying resulted in her bringing her daughter, Wang Juan, from her previous marriage to live with him until she reached adulthood, after which they divorced; and his third marriage with Liu Shufen (the defendant in this case) in 2012 did not result in any children being born.

The disputed inheritance includes the house at No. 60, Building 5, XX Road, Xicheng District, Beijing (hereinafter referred to as the disputed house) and the rental income from the house. In 2016, Li Xiang sued Zhang Yu for contract disputes, demanding that the disputed house be transferred to his name. On December 27, 2017, the court ruled that Zhang Yu should assist in handling the transfer, but Li Xiang failed to actually complete the transfer, and the house was still registered under Zhang Yu's name. On February 12, 2023, Li Xiang died of sudden cardiac death.

Zhang Nan and Zhang Yu sued to inherit Li Xiang's deposits and other assets in August 2023. The court found that Li Xiang made a self-written will on July 6, 2007, leaving his estate to his biological daughters, Zhang Nan and Zhang Yu, and that the will was valid. Due to issues with the housing registration, the inheritance of the house was not handled at that time. Later, the plaintiffs consulted about the transfer of ownership and found that they needed to handle the inheritance of the house first, so they entrusted a lawyer to handle it for them.Xiong BinrongThe lawyer sued again, requesting that each party inherit a 50% share of the house, divide the rent of 42,000 yuan, and have the defendant bear the litigation costs. The defendant, Liu Shufen, claimed that the property was a marital joint asset, questioned the validity of the will, and argued that after the marriage, Li Xiang had stated via email that the house in question belonged to him, demanding to inherit the entire share.

II. The focus of the case

  • Focus 1: The legality of a self-written will in 2007.Whether it complies with the formal requirements of a handwritten will as stipulated in the Civil Code is a prerequisite for the establishment of testamentary succession.
  • Focus II: The ownership nature of the house involved in the case.Whether the house belongs to Li Xiang's personal property or their marital joint property with Liu Shufen directly determines the scope of inheritance.
  • Focus 3: Liu Shufen's claim to inheritance rights.Whether the person should receive a share of the inheritance because they have fulfilled their main obligation to support their parents or because they enjoy the right to a reserved portion, relates to the proportion of the inheritance to be divided.
  • Focus 4: The nature of rental income.Whether the rent after Li Xiang's death belongs to the category of inheritance affects whether the plaintiff's request for division can be supported.

III. Professional intervention by Hengluo Law Firm

The plaintiff (the heir) claimed that:In 2007, the handwritten will was written, signed, and dated by Li Xiang, and it was legally valid. The house was acquired by Li Xiang before marriage, and the couple agreed that it would belong to him personally after marriage, so it was not a marital asset. Li Xiang requested to inherit a 50% share of the house according to the will and to divide the rental income.

The defendant (spouse) argued that:The house was confirmed to belong to the couple during their marriage by a court judgment, and should be regarded as jointly owned by the couple. The defendant has the right to inherit a 50% share. The defendant claimed that he/she was suffering from a disease, had no ability to work, and had no source of livelihood. According to Article 1141 of the Civil Code, the will that deprived him/her of his/her necessary share is invalid. The defendant accused the plaintiff of failing to fulfill his/her duty of support and claimed that the plaintiff should receive a smaller share or no share at all. The defendant also pointed out that Li Xiang had debts of 375,000 yuan before his/her death, which should be repaid first.

Hengluo Lawyer's Agency Opinion:Xiong BinrongThe lawyer conducted the agency based on the validity of the will and the ownership of the house: Firstly, the self-written will is the true intention of Li Xiang and is legally valid. Although the defendant questioned the time of modification, he failed to submit contrary evidence and did not apply for handwriting identification within the statutory time limit, so he should bear unfavorable consequences; Secondly, the e-mail will claimed by the defendant does not conform to the statutory form of a will and cannot be used as the basis for the judgment; Thirdly, the house was confirmed as Li Xiang's personal property by the effective judgment, and it was obtained before marriage and agreed to be owned by individuals in the "Declaration" and "Memorandum" after marriage, so it is not a marital joint property.

IV. Outcome of the case

The court held after trial that: The 2007 self-written will constituted Li Xiang's true intention and was legally valid in form. The email submitted by the defendant did not constitute a statutory will form and was not admissible. The house involved in the case was confirmed by the effective judgment as Li Xiang's personal property, and the parties agreed after marriage that the property would belong to individuals. Therefore, it should be inherited by Zhang Nan and Zhang Yu according to the will, with each inheriting a 50% share. The rent after Li Xiang's death did not belong to the estate, and the plaintiff could claim it separately. The debt proposed by the defendant was not recognized due to insufficient evidence. Regarding the funeral expenses and pensions, they would be handled together with statutory inheritance. After deducting the funeral expenses paid by Liu Shufen, the remaining funds would be divided among Zhang Nan, Zhang Yu, Wang Juan, and Liu Shufen. Considering that Li Xiang was taken care of by Liu Shufen during his lifetime, Liu Shufen would be given a larger share. In the end, the court ruled that the two plaintiffs would each inherit a 50% share of the house involved in the case.

5. Henglu Law Firm's Advice

Wills and inheritance disputes directly concern the vital interests of the parties and family harmony. A handwritten will must be written, signed, and dated by the testator in their own handwriting to be legally valid. The party who disputes the will should apply for handwriting identification within the statutory time limit, otherwise they will bear adverse consequences. This case is handled by Beijing Hengluo Law Firm [Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acted as the agent. In this case, the attorney strictly adhered to the formal requirements of the will and the evidence of the ownership of the house, and successfully safeguarded the client's legitimate rights and interests to inherit the property according to the will.

VI. Frequently Asked Questions about Inheritance Cases

  1. Q: How should a handwritten will be written to be legally valid?
    A: The will must be written in its entirety by the testator, signed by him/her, and dated with the year, month, and day. The content must reflect the testator's true intention and not violate any legal provisions in order to be valid. It is recommended to keep supporting evidence of the will-making process.
  2. Q: Will a person's pre-marital property be recognized as the couple's joint property after marriage?
    A: In principle, the house acquired by one party before marriage is personal property; if there is a property agreement after marriage stipulating that it belongs to the individual, it will still be personal property and will not automatically be converted into marital joint property.
  3. Q: What should I do if I have doubts about the authenticity of the will?
    A: The party concerned should apply for a handwriting analysis in the lawsuit and submit counter-evidence. If the application is not made within the time limit and no evidence is provided, the court will generally recognize the validity of the will.
  4. Q: If a spouse claims the mandatory reserved share, will they definitely get a larger share of the inheritance?
    A: A mandatory share is applicable to heirs who lack the ability to work and have no source of livelihood, and they need to provide evidence to support this. Meeting the main obligation of supporting one's parents can be considered as a factor for a larger share, but this must be supported by sufficient evidence.
  5. Q: Is the rent paid after the death of the decedent considered part of the estate?
    A: The rent generated after the death of the decedent is generally not part of the estate, and the right holders can claim it separately. However, the uncollected rent generated before the decedent's death can be included in the estate.