[Case Summary]This case involves an inheritance dispute. After the deaths of Chen and Liu, Su and Xiao Su presented a testamentary will claiming that House No. 1006 should be inherited by Chen 2. Zhao and Xiao Chen entrusted the Beijing Henglu Law Firm to handle the case.Chen PingThe lawyer filed a lawsuit, claiming that the will was invalid and should be subject to statutory inheritance. The court determined that the testamentary executor and the witnesses all had a conflict of interest with the beneficiaries, and the will was invalid because it did not comply with the statutory form. The estate should be subject to statutory inheritance, with Su * and Xiao Su receiving 55% and Zhao * and Chen * receiving 45%. Su * and Xiao Su would acquire the house and pay Zhao * and Chen * a discounted price of 1,166,760 yuan. Applicable laws: Provisions of the Civil Code on the form of a testamentary will and statutory inheritance.

I. Review of the case

After inheriting the estate, people often search for questions like "How can a holographic will be valid?", "Is it valid if the witnesses and heirs have a conflict of interest?", and "What is the procedure for inheritance if the will is invalid?". Chen * and Liu * had children named Chen *1 and Chen *2. Chen *1 went missing in 2012 and was declared dead in 2021. The apartment located at No. 1006 in Chaoyang District was registered under Chen *'s name. Zhao * and Xiao Chen (on behalf of Chen *1) entrusted someone to handle the inheritance matters.Chen PingThe lawyer's claim is that Room 1006 should be jointly inherited by all parties, with Zhao * and Chen * each owning 25%; and the rental income should be divided among them.

In the first instance, Su * and Xiao Su presented Chen * and Liu *'s "Wills", stating that the elderly were taken care of by Chen *2 and the housing rights would be inherited by Chen *2; the proxy signatory "Su *" signed the document, and the witnesses were Su *'s friends and sister. Su * and Xiao Su counter-sued, requesting to divide the demolition compensation of No. 05 in Dongcheng according to the statutory inheritance, with 50% of the compensation belonging to them.

II. The focus of the case

  • Focus 1: Is the holographic will legal and valid?Are the proxy and the witness involved in any interest conflict with the beneficiary?
  • Focus II: How the inheritance is inherited, divided, and the amount of the discounted price.The statutory inheritance ratio and the ownership of the house.

III. The professional intervention of Hengluo Law Firm

The plaintiffs (Zhao * and Xiao Chen) allege that:The testamentary executor involved in the case is Su *. The witnesses are also his relatives and friends, all of whom have an interest in the beneficiary, Chen *2. This does not comply with the statutory form of a testamentary will and is not effective. The inheritance should be handled in accordance with the law of statutory succession.

The defendants (Su * and Xiao Su) argued that:Claim that the will is valid and the house should be inherited by Chen *2, and counterclaim that the demolition compensation should be divided according to the statutory inheritance law.

Hengluo Lawyer's Agency Opinion:Chen PingThe lawyer pointed out that the executor and witnesses of the holographic will must not have any interest in the heirs or the legatees. Since Su * is Chen *2's spouse and the witnesses are her relatives and friends, they are all disqualified, and the will is invalid. The inheritance of the two deceased individuals should be subject to statutory succession. Since the heirs, Chen *1 and Chen *2, have both died, their inheritances should be transferred to Su * and Xiao Su, and Zhao * and Xiao Chen respectively.

IV. Outcome of the case

The first-instance court accepted the evidenceChen PingThe lawyer's part of the opinion holds that the will does not conform to the form of a witnessed will and is therefore invalid, and the inheritance shall be in accordance with the statutory succession; since Su * and Su * have fulfilled their main obligations of supporting the children, they shall inherit the estate in a proportion of 55% each, and Zhao * and Chen * shall inherit in a proportion of 45% each, each of whom shall own 22.5%. The court rules that Room No. 1006 shall be owned by Su * and Su *, and Zhao * and Chen * shall be paid a discounted purchase price of 1,166,760 yuan. The second-instance court maintains that both the witness and the notary have a vested interest in the case, and the will is therefore invalid; there is no agreement on buying the house under another person's name; and the division ratio determined in the first-instance court is correct. The appeal is dismissed, and the original judgment is upheld.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmChen PingThe attorney (practice license number: 11101201411619680, subject to the document issued by the judicial administrative organ) acts as the agent. When making a holographic will, there must be at least two witnesses without any interest in the matter present. One of them shall draft the will and indicate the date, the drafter, the witnesses, and the signatures of the testator. In the event of a dispute over the validity of the will, it is necessary to entrust a professional lawyer to review the formal requirements and claim the statutory inheritance in accordance with the law.

VI. Common Questions and Answers about Inheritance of Property

  1. Q: How can a holographic will be legally valid?
    A:It is necessary for more than two disinterested witnesses to be present. One of them shall act as the scribe, indicating the date and signing it by the scribe, the witnesses, and the testator.
  2. Q: Is it valid for a witness and an heir to have a conflict of interest?
    A:It's invalid. Those who have an interest in the heirs or the donees are not allowed to act as witnesses.
  3. Q: If the will is invalid, according to what method of inheritance should the assets be distributed?
    A:According to the statutory inheritance, the inheritance shall be passed on to the first-order heirs, such as spouses, children, and parents.
  4. Q: Can I get a larger share of the inheritance if I've fulfilled my main obligation to support my parents?
    A:Yes, those who fulfill their main duty of supporting the deceased can receive a larger share of the inheritance.
  5. Q: How can the house be transferred to other heirs if it belongs to one party?
    A:The party obtaining ownership shall pay a discounted price corresponding to the assessed value as a share.