[Case Summary]This case involves a dispute arising from the intertwining of statutory inheritance and testamentary inheritance. In 2017, Wang Gang drew up a self-written will, leaving the share of the No. 15 Fengtai house to his daughter, Xiaoqin. He died in 2022. His stepmother, Li Xiumei, questioned the validity of the will and claimed that the house was a jointly owned asset. Xiaoqin appointed Hengluo Law Firm to handle the case on her behalf.Xiong BinrongThe lawyer filed a lawsuit. The core disputes include the authenticity of the will, the ownership of the house, and the division of the deposit. After the will was appraised as valid, the court ruled that the house should be inherited by Xiaoqin, and Xiaoqin should pay Li Xiumei a compensation of 1.175 million yuan. Wang Gang's deposit should be inherited by Xiaoqin, and Li Xiumei should pay Xiaoqin 97,550 yuan. The applicable legal provisions are the Inheritance Chapter of the Civil Code.

I. Review of the case

"What should I do if my stepmother contests the inheritance?" and "How to prove the authenticity of a self-written will when it is questioned?" are common inheritance difficulties in remarried families. Wang Gang and his ex-wife had a daughter named Xiaoqin (the plaintiff in this case). In 1982, Wang Gang remarried the defendant, Li Xiumei, but they did not have any children together. From 2017 to January 2022, Wang Gang was hospitalized for a long time, and the medical expenses were paid by Xiaoqin, but Li Xiumei refused to take care of him.

In October 2017, Wang Gangli drafted a handwritten will, stipulating that the ownership of the house at No. 15 Fengtai, Beijing, and half of its corresponding value would be inherited by Xiaoqin. In January 2022, when Wang Gangli passed away, Xiaoqin believed that the property and savings should be inherited and that she should receive a larger share as she had fulfilled her main duty of supporting her parents. However, Li Xiumei disagreed with this, and Xiaoqin subsequently appointed a lawyer to handle the inheritance matters on her behalf.Xiong BinrongThe lawyer filed a lawsuit, requesting to inherit the house, pay the discounted price, and inherit the deposit and Wang Gang's share of Li Xiumei's deposit.

II. The focus of the case

  • Focus 1: The authenticity of the self-written will.Li Xiumei did not approve of the signature and applied for an appraisal to determine whether the will was valid.
  • Focus II: The ownership of the house involved in the case.Is the property purchased during the marriage considered jointly owned by the couple, and how should the share to be disposed of in the will be determined?
  • Focus 3: The scope and division of inheritance, including deposits.How should the deposits under the names of Wang Gang and Li Xiumei be defined and divided?

III. The professional intervention of Hengluo Law Firm

The original plaintiff claimed that:The will involved in the case is legal and valid. I request to inherit the house at No. 15 Fengtai Road according to the will and pay the defendant the discounted price; inherit the decedent's savings and Wang Gang's share of Li Xiumei's savings according to the law; and Xiaoqin, who has fulfilled her main duty of supporting her parents, should receive a larger share.

The defense argued that:Li Xiumei claimed that she couldn't demand to be taken care of because she was ill; that the house was the couple's joint property, that she didn't recognize the authenticity of the will and applied for an appraisal; that she demanded joint ownership; and that the 100,000 yuan in the deposit was her brother's money, and the treasury bonds were her personal property.

Hengluo Lawyer's Agency Opinion:Xiong BinrongThe lawyer pointed out that the inheritance is the legal property left by a citizen upon his death, and the house involved in the case was purchased during the marriage and constituted the couple's joint property. Half of it was Li Xiumei's personal property, and the other half was Wang Gang's inheritance. According to the appraisal center's appraisal, all three signatures of "Wang Gang" in the will were written by the same person, and the will was genuine and effective. The share of the house belonging to Wang Gang should be owned by the plaintiff according to the will. The bank deposits obtained during the marriage constituted the couple's joint property, and the portion not disposed of in the will should be divided by Xiaoqin and Li Xiumei according to the law of succession.

IV. Outcome of the case

The court adopted the lawyer's opinion: the house involved in the case is the couple's joint property, and half of it is Wang Gang's inheritance; the appraisal conclusion confirmed that the will is true and effective, and Wang Gang's share of the house will be divided according to the will. Combined with the claim and the value of the house, the court ruled that the ownership of the house should be granted to Xiaoqin, who should pay Li Xiumei a compensation of 1,175,000 yuan; the bank deposits under Wang Gang's name should be inherited by Xiaoqin in full; the national bonds and bank deposits under Li Xiumei's name should belong to Li Xiumei, and Li Xiumei should pay Xiaoqin 975,50 yuan. The court held that the bank deposits obtained during the marriage are joint property, and the share should be determined at 50% each. Xiaoqin fulfilled her duty of support, and Li Xiumei failed to provide evidence that part of the funds belonged to her brother. After making a reasonable deduction, the remaining funds would be divided as joint property in accordance with the law.

5. Hengluo Law Firm's Advice

In the inheritance of a remarried family, the authenticity of the handwritten will can be confirmed through handwriting identification; in principle, marital property is jointly owned, and the will only disposes of the decedent's own share. This case was handled by Beijing Henglu Law Firm [Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent. In this case, the lawyer uses the inheritance appraisal and property division arguments to help the client realize his inheritance claims.

VI. Frequently Asked Questions about Inheritance Cases

  1. Q: Can a stepmother claim a share of the couple's property?
    A: Generally, a house purchased during marriage is a jointly owned asset of the couple. The stepmother first gets her own half, and the remaining part is treated as the inheritance of the deceased and divided according to the will or statutory inheritance laws.
  2. Q: What should I do if the signature on my handwritten will is questioned?
    A: You can apply for a handwriting identification. If the identification confirms that the will was written by the decedent, the will is considered valid and binding, and the party who questions its authenticity will bear the adverse consequences.
  3. Q: Can I get a larger share of the inheritance if I fulfill my main duty of supporting my parents?
    A: Heirs who have fulfilled their main support obligations to the decedent may receive a larger share of the inheritance when the estate is distributed, and they need to submit evidence such as care and advance payment of expenses.
  4. Q: Are the deposits under the spouse's name considered joint inheritance?
    A: The deposits obtained during the marriage are generally considered as marital joint property. Half of them belong to the deceased's estate, and the other half belongs to the spouse, who can handle them according to the will or through legal inheritance.
  5. Q: How should the property not mentioned in the will be divided?
    A: The estate not disposed of in the will shall be handled in accordance with the statutory inheritance, and the first-order heirs such as spouses and children shall divide it according to law.