[Case Summary]This case involves a legal inheritance dispute (inheritance of property). The decedent, Zhao Shan, and his wife, Wang Fen, had two children, Zhao Xiaolei and Zhao Yingping. Zhao Shan died in 2020, and he had been living with Zhao Yingping before his death. Zhao Xiaolei's daughter, Yu Jianan (as the subrogated heir), entrusted the Beijing Henglu Law Firm to handle the case on her behalf.Qiu JuanThe lawyer sued to divide the No. 106 house in Jilin City. Zhao Yingping's signing of the "inheritance division agreement" with Yu Jianan had been deemed invalid by the effective judgment. The court determined that Yu Jianan and Zhao Yingping were the first-order heirs of Zhao Shan, and awarded Zhao Yingping 60% and Yu Jianan 40% of the inheritance. The core disputes are the statutory inheritance share and the circumstances of supporting the elderly. The applicable legal provisions are the relevant provisions of the Inheritance Chapter of the Civil Code and Article 1128 of Subrogated Inheritance.

I. Review of the case facts

The parties often search for terms such as "how to inherit property without a will", "how to divide the statutory inheritance shares", "can you get a larger share if you fulfill your main duty of supporting your parents", and "how to calculate the subrogated inheritance". The decedents, Zhao Shan and Wang Fen, were originally married and had two children, Zhao Xiaolei and Zhao Yingping. Wang Fen died in 1998, and Zhao Shan died on January 26, 2020. Both of their parents died before them. Zhao Xiaolei died on December 23, 2019, leaving only his daughter, Yu Jianan. Zhao Shan had been living with Zhao Yingping during his lifetime. (All the parties' names are pseudonyms.)

Zhao Shan left a house at No. 106 in Jilin City. Yu Jianan claimed that after her grandfather passed away, the house had been occupied by her aunt, Zhao Yingping, and she believed she had the right to inherit it. Zhao Yingping said that on December 30, 2019, she and Yu Jianan signed a "Property Division Agreement" stipulating that all the property would be inherited by her and that Xiao Nan would give up her rights. Previously, Xiao Nan's lawsuit was dismissed in 2021, and after the appeal was remanded for rehearing, she withdrew the lawsuit. Now, Xiao Nan has entrusted Beijing Henglu Law Firm to handle the case for her.\nQiu JuanThe lawyer sued to divide up House No. 106.

II. The focus of the case

  • Focus 1: The scope of heirs and subrogated succession.Zhao Xiaolei died before Zhao Shan, so is Yu Jianan, his daughter, entitled to succeed him as the heir?
  • Focus II: The effectiveness of the inheritance division agreement.Is the agreement held by Zhao Yingping legal and valid, and can it exclude Yu Jianan's rights?
  • Focus Three: Determining the Share Proportion.Zhao Yingping has fulfilled her main duty of supporting her parents. Could she be granted a larger share of the inheritance as appropriate?

III. The professional intervention of Hengluo Law Firm

The plaintiff (Yu Jianan) alleges that:Please request the division of House No. 106 left by Zhao Shan in accordance with the law, and assert that you are entitled to the right of inheritance in accordance with the law.

The defendant (Zhao Yingping) argued that:He claimed that he had inherited all the assets according to the "Asset Division Agreement" and that Gannan had given them up. Moreover, he raised objections to Gannan's marital motives and guardianship responsibilities.

Legal opinion of Hengluo Law Firm:Qiu JuanAfter studying the case, the lawyer explained to the client that: Zhao Shan did not leave a will, so according to the Civil Code, the inheritance should be handled according to the statutory succession; Zhao Xiaolei died before Zhao Shan, and Yu Jianan, as a younger direct blood relative, has the right to succeed in her place and is entitled to the inheritance. As for the "Inheritance Division Agreement", it has been deemed invalid by the effective judgment and is not enforceable; and at the time of signing the agreement, Yu Jianan was a minor, so Zhao Yingping should argue that it is not admissible. The court should divide the inheritance according to the statutory succession and take into account the facts of supporting the elderly.

IV. Outcome of the case

The court accepted the evidence.\nQiu JuanAccording to the lawyer's opinion, Yu Jianan and Zhao Yingping are identified as the first-order heirs of Zhao Shan; the house No. 106 left by Zhao Shan shall be divided according to law. Since Zhao Shan had been living with Zhao Yingping and being taken care of by her until his death, the court reasonably ruled that Zhao Yingping should receive a 60% share and Yu Jianan a 40% share. The judgment states that the house No. 106 shall be jointly inherited by the two parties, and they shall assist each other in handling the change of registration within ten days, with each party bearing their own expenses. The ruling is based on the relevant provisions of inheritance in the Civil Code, including Article 1128 (Subrogated Inheritance).

5. Henglu Law Firm's Reminder

The inheritance of property is divided into statutory inheritance and testamentary inheritance. There are also such systems as bequest, bequest and maintenance agreement, mandatory share, and discretionary distribution of inheritance. This case is handled by Beijing Hengluo Law Firm.\nQiu JuanThe attorney (practice license number: 11101201811026953, subject to the document issued by the judicial administrative organ) acts as the agent. Attorney's reminder: In the absence of a will, the inheritance shall be carried out in accordance with the statutory succession. If the children die before the decedent, the younger blood relatives shall succeed to the inheritance in their stead; those who have fulfilled the main duty of supporting the decedent may be allocated a larger share of the inheritance when distributing the estate; and the agreement that has been invalidated by a valid judgment shall not take effect.

VI. Common Questions About Inheritance Shares (FAQ)

  1. Q: How to inherit property without a will?
    A:The inheritance shall be handled in accordance with the law, and the inheritance shall be inherited by the first-line heirs (spouses, children, parents). If there are no first-line heirs, the inheritance shall be inherited by the second-line heirs.
  2. Q: Can I get a larger share of the inheritance if I've fulfilled my main obligation to support my parents?
    A:Yes. For the heirs who have fulfilled their main obligation of supporting the decedent or lived together with the decedent, they may be allocated a larger share of the inheritance when the estate is distributed, as appropriate.
  3. Q: What is subrogated succession?
    A:According to Article 1128 of the Civil Code, if the children of the decedent die before the decedent, the direct descendants of those children shall succeed to the inheritance in the place of the decedent.
  4. Q: Is the inheritance division agreement considered invalid or valid if it is determined to be invalid?
    A:An invalid agreement is not effective from the beginning and cannot exclude the right of other heirs to inherit according to law.
  5. Q: How are the statutory inheritance shares generally divided?
    A:Generally, the inheritance rights of heirs in the same order are equal, but the proportion can be adjusted according to circumstances such as support and cohabitation.