[Case Summary]This case is a dispute over a bequest. Before his death, Zheng * left a "certificate" giving one-third of the house at No. 56 Shijingshan to his grandson Zhu * 3. Zhu * 1 questioned that Zheng * did not have full capacity for civil conduct when he signed the certificate, and entrusted Beijing Henglu Law Firm to handle the case.Yu DayiThe lawyer defended the rights of the client. After appraisal, Zheng * did not have full capacity for civil conduct during the making of the will. The court confirmed that the bequest was invalid, and Room No. 56 was inherited by Zhu *1 and Zhu *2 in equal shares. Legal provisions applied: the provisions of the Civil Code on testamentary capacity and statutory inheritance.

I. Review of the case

When it comes to property inheritance, people often search for terms like "Is a bequest the same as a will?" "Is a will valid if the testator is mentally incapacitated at the time of making the will?" and "Is a will written by a demented elderly person valid?" Zhu * and Zheng * were once married and had children named Zhu *1, Zhu *2, and Zhu *3, who is the son of Zhu *2. They divorced in 1991, and Zheng * never remarried. On August 9, 2021, Zheng * passed away, leaving behind the house at No. 56 Shijingshan Road in her name. Zhu *3 claimed that on August 7, 2021, his grandmother handed him a self-written "certificate", stating that she voluntarily gave one-third of the house to Zhu *3.

On August 19, Zhu *3 notified Zhu *1 and Zhu *2 that his request for assistance in transferring the ownership had been rejected, so he sued to confirm his right to a one-third share. Zhu *1 disagreed and appointed a lawyer to defend himself in the lawsuit.Yu DaweiThe lawyer safeguarded the client's rights and interests. The lawyer found that Zheng * and Zhu *1 and Zhu *2 had signed a house confirmation agreement stipulating that the three parties would jointly own the house and not dispose of it unilaterally. In December 2020, Zheng * was diagnosed with cognitive impairment and dementia, and did not have full capacity for civil conduct when making the "certificate". Moreover, the video showed that someone was guiding him/her.

II. The focus of the case

  • Focus 1: Did Zheng *li have full capacity for civil conduct when he/she provided the "proof"?Diagnosing and identifying cognitive impairment is crucial.
  • Focus II: Does the "certificate" involved in the case constitute a valid bequest?A will made by a person who lacks legal capacity is invalid, and the inheritance shall be handled in accordance with the statutory provisions.

III. Professional intervention by Hengluo Lawyers

The defendant (Zhu *1) claimed that:I disagree with Zhu *3's claim and request that it be dismissed. The house involved in the case is jointly owned by the three parties according to the agreement. When Zheng * signed the "certificate", he did not have full capacity for civil conduct, so the house should be inherited according to law, with Zhu *1 and Zhu *2 each owning half of it.

The plaintiff (Zhu *3) alleges that:The plaintiff claimed that her grandmother "proved" that the transaction was valid, and that one-third of the house should belong to her, and the defendant assisted in the transfer of ownership.

Legal Opinion by Hengluo Law Firm:Yu DayiThe lawyer submitted the house ownership confirmation agreement and the hospital diagnosis report from December 2020 (cognitive impairment, impulsive behavior, and dementia), pointing out that Zheng *li did not have full capacity for civil conduct when making the "certification", and applied for a civil capacity assessment. The assessment concluded that Zheng *li did not have full capacity for civil conduct at the time of making the will, so the "certification" was invalid, and the house should be divided equally among Zhu *1 and Zhu *2 as their legal heirs.

IV. Outcome of the case

The court held that although Zhu *2 and Zhu *3 claimed that the appraisal was based on insufficient evidence and failed to refute it, the appraisal opinion should be adopted. Zheng * did not have full capacity for civil conduct when making the will, so the will was invalid, and the estate should be inherited according to law. Zhu *1 and Zhu *2 said they were unable to pay the discounted price. In this case, only the share of the property will be confirmed, and the actual division of the property will not be carried out. According to the Civil Code, the house at No. 56 Shijingshan in Zheng *'s name shall be inherited by Zhu *1 and Zhu *2 in proportion, with each of them owning a half share. They shall assist each other in handling the transfer registration within seven days.

5. Hengluo Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Yu DayiThe attorney (practice license number: 11101201010292290, subject to the document issued by the judicial administrative organ) acts on behalf of the client. The testator must have full capacity for civil conduct. A will made during a period of cognitive impairment is invalid. For the disposition of family property, it is recommended to prepare a standard will in advance and keep the proof of capacity. In case of disputes, timely entrust a professional lawyer to apply for a capacity assessment and claim statutory inheritance.

VI. Common Questions About Real Estate Inheritance FAQ

  1. Q: Are bequests the same as wills?
    A:Unlike this, a bequest is the transfer of property to someone other than the legal heirs, while a will distributes the inheritance among the heirs.
  2. Q: Is a will that is made when the testator is mentally unclear still valid?
    A:A will made by a person with no or limited capacity for civil conduct is invalid, and the person concerned may apply for a capacity assessment.
  3. Q: Is the will written by a person with dementia valid?
    A:Generally, during the diagnosis of dementia, a person does not have full capacity for action, and their will is considered invalid.
  4. Q: If the will is invalid, how should the inheritance be divided?
    A:According to the statutory inheritance, the property is distributed among the first-order heirs, such as spouses, children, and parents.
  5. Q: What should one do if the other party is unable to pay the discounted price?
    A:The court may only confirm that the shares will not be divided for the time being and deal with the matter when the parties are capable of doing so.