[Case Summary]This case is an inheritance dispute (inheritance of estate), involving the coexistence of a notarized will and a printed will. The decedents, Zhang * and Liu *, died in 2017 and 2022 respectively, leaving behind a house at No. 208 in Xicheng District, Beijing, and savings of 1,565,289.52 yuan. The plaintiff, Liu *, entrusted the Beijing Henglu Law Firm to handle the case.Chen Mei'ao、Yè QīngyǔThe lawyer filed a lawsuit. The court ruled that both Zhang's notarized will and Liu's printed will were valid, and the house was inherited by the four children in accordance with the proportions specified in the will, while the savings were jointly inherited by Liu 1, Liu 4, and Liu 2 in the ratio of one-third each. The core disputes were the validity of the will and the scope of the estate. The applicable legal provisions were the Inheritance Chapter of the Civil Code, the original Inheritance Law, and judicial interpretations.

I. Review of the case facts

The parties often search for information such as "which has priority, a notarized will or a printed will?", "how to execute multiple wills?", "how to divide the property when both parents have passed away?", and "how to inherit the deposit as inheritance?". Liu * and Zhang * were a married couple with four children, Liu *2, Liu *1, Liu *3, and Liu *4 (all of the parties' names have been changed). Zhang * died on September 14, 2017, and Liu * died on July 25, 2022. Both of their parents passed away before them, leaving behind a house at No. 208 Xicheng District.

The plaintiff, Liu *1, entrusted Henglu Law Firm to handle the case.Chen Mei'o、Yè QīngyǔThe lawyer filed a lawsuit on behalf of the client, requesting the division of the property under the name of the decedent. After accepting the client's commission, the lawyer immediately proceeded to determine the type of will, review the formal requirements, and determine the scope of the estate and the division ratio. Among the various heirs, Liu *3 claimed to divide the estate according to the will, Fang Jining acknowledged the will, and Liu *2 did not appear in court.

II. The focus of the case

  • Focus 1: Determination of the validity of a will.Is the notarized will of Zhang * and the printed will of Liu * in conformity with the statutory form and are they valid?
  • Focus 2: Application of the law.Zhang * died before the promulgation of the Civil Code, and the original Inheritance Law was applied to his case. Liu * died after the promulgation of the Civil Code, and the Civil Code was applied to his case.
  • Focus 3: Scope and division of the inheritance.How should the house No. 208 and the bank deposit of 1,565,289.52 yuan be distributed according to the will and statutory inheritance laws?

III. The professional intervention of Hengluo Law Firm

The plaintiff (Liu *1) alleged that:Please request the division of the inheritance, including the house No. 208 and bank deposits under the name of the decedent, in accordance with the law, and claim the share of inheritance due according to the will and the statutory succession.

The positions of the other heirs:Liu *3 claimed that both of the two deceased left wills and their assets were divided according to the wills. Fang Jining acknowledged the content of the wills but requested to deduct the funeral expenses paid in advance. Liu *2 did not appear in court to defend himself.

Hengluo Lawyer's Agency Opinion:Chen Mei'e、YeqingyuThe lawyer argued that, after the inheritance begins, it shall be handled in accordance with the statutory inheritance; if there is a will, it shall be handled in accordance with the will or bequest. The notarized will made by Zhang * left his share of Property No. 208 to Fang Zhongning, which is in accordance with the law and is legally valid; the printed will made by Liu * meets the statutory form and is a true expression of his intention, which is legally valid, and his share of the property shall be jointly inherited by Liu *2, Liu *1 and Liu *4. Liu *3 waived the division of the pension and funeral assistance fees, and the portion shall be divided equally among Liu *1, Liu *4 and Liu *2. The lawyer completed the evidence and legal argumentation regarding the validity of the will and the scope of the estate.

IV. Outcome of the case

The court ruled that both Zhang's notarized will and Liu's printed will are legal and valid. The judgment is that the property No. 208 shall be jointly inherited by Liu 3, Liu 1, Liu 4, and Liu 2, with Liu 3 inheriting half of it, and Liu 1, Liu 4, and Liu 2 each inheriting one-sixth of it. The bank deposits and interest totaling 1,565,289.52 yuan under the name of the deceased, Liu, shall be jointly owned by Liu 1, Liu 4, and Liu 2, with each of them inheriting one-third of it. The court made the ruling based on the relevant provisions of the Civil Code and the original Inheritance Law regarding the validity of notarized wills and printed wills, as well as the division of inheritance.

5. Hengluo Law Firm's Advice

After the succession begins, those with a will shall handle the inheritance according to the will or the bequest, and those without a will shall handle it according to the statutory succession. The Civil Code has deleted the rule that the notarized will takes precedence in terms of effectiveness, and the last legally valid will shall prevail. This case is handled by Beijing Henglu Law Firm.Chen Mei'aoAttorney (Practice Certificate No.: 11101201911105336, subject to the certificate issued by the judicial administrative organ)YeqingyuAttorney (practice license number: 11101201910076968, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client. Attorney's advice: When making a will, attention should be paid to the formal requirements. Both notarized wills and printed wills must comply with legal requirements. If there are multiple wills, the last legal will shall prevail.

VI. Common Questions about Inheritance by Will (FAQ)

  1. Q: Which takes precedence, a notarized will or a printed will?
    A:The Civil Code has abolished the priority of notarized wills, and the last legally valid will made by the testator shall prevail.
  2. Q: What are the requirements for a printed will to be legally valid?
    A:There must be at least two witnesses present. The testator and the witnesses shall sign each page of the will and indicate the year, month and day, and it must be a true expression of their intention.
  3. Q: How should the property be divided if both parents have passed away?
    A:If there is a will, the inheritance shall be carried out in accordance with the will; if there is no will, the inheritance shall be carried out by the first-tier heirs in accordance with the law, and the shares shall generally be equal.
  4. Q: How to inherit bank deposits as part of a legacy?
    A:The deposits and interest of the inheritance shall be jointly owned and divided by the heirs in accordance with the provisions of the will or the statutory inheritance ratio.
  5. Q: Is it effective to waive the division of pension benefits?
    A:The pension is not part of the estate, and the heirs may voluntarily renounce their right to divide it. The remaining heirs may then negotiate or distribute it equally among themselves.