[Case Summary]This case is an inheritance dispute (inheritance of property) arising from the demolition and resettlement of three houses in Fengtai District in 2018. The four children signed a "Agreement" in 2019 stipulating the distribution of the houses after their parents' death, and the two youngest children have actually lived and used the houses. Liu *1 entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer filed a lawsuit demanding the distribution according to the agreement. The court rejected Liu *3's claim that Liu *1 should receive a smaller share due to her failure to fulfill her duty of support, and ruled that No. 107 would be assigned to Liu *3, No. 270 to Liu *4, and No. 302 would be divided equally among the two daughters (50% each). The savings would be inherited by Liu *3 and she would pay 10,453.8 yuan to each of the children. The core disputes are the validity of the agreement and the fulfillment of the duty of support. The applicable legal provisions are the relevant provisions of the Inheritance Chapter of the Civil Code.

I. Review of the case

The parties often search for terms such as "Is the inheritance distribution agreement signed by the children valid?", "How to inherit the resettlement housing after demolition?", "Can a smaller share of the inheritance be given to those who haven't fulfilled their duty of support?", and "How to adjudicate inheritance disputes among multiple children?". Liu * and Zhang * had two daughters, Liu *1 and Liu *2, and two sons, Liu *3 and Liu *4. Liu * died on June 4, 2020, and Zhang * died on January 2, 2022. Both of their parents died before them.

In 2018, during the demolition in Fengtai District, the couple was relocated to three houses, namely No. 107, No. 270, and No. 302. On June 18, 2019, the four children signed an "Agreement", stipulating that, subject to fulfilling their duty of support, No. 107 would belong to Liu *3, No. 270 would belong to Liu *4, and No. 302 would be jointly owned by the two daughters. Anyone who failed to fulfill their duty of support would have the right to equally divide their shares, and all four signed and sealed the agreement. After the parents passed away, No. 107 and No. 270 were registered under Liu *'s name, but No. 302 had not been registered. When the heirs could not reach an agreement, Liu *1 entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer filed a lawsuit, demanding that the assets be distributed in accordance with the agreement.

II. The focus of the case

  • Focus 1: The validity of the "Agreement" between parents and their children.Is the agreement between the four children regarding the distribution of their parents' house after their death legal and valid, and can it be used as a basis for division?
  • Focus Two: Disputes over the fulfillment of support obligations.Liu *3 claimed that Liu *1 should receive a smaller share or no share of the inheritance because he/she failed to fulfill his/her duty of support. Is this claim valid?
  • Focus Three: The division of deposits and funeral expenses.How are the deposits under the parents' names and the funeral expenses paid after their death distributed?

III. The professional intervention of Hengluo Law Firm

The plaintiff (Liu *1) alleged that:Please request to inherit and distribute three sets of houses according to the agreement in the 2019 "Agreement", and claim that you are entitled to the agreed share according to law.

The defendants (Liu *3 and others) argued that:Liu *2 agreed to the agreement; Liu *3 approved of the agreement but claimed that Liu *1 of Room 302 should receive a smaller share or no share of the inheritance due to her failure to fulfill her duty of support, and submitted handwritten pension records, a video of her mother, and a certificate of filial piety; Liu *4 did not appear in court.

Hengluo Lawyer's Agency Opinion:Li YonghuiThe lawyer pointed out that the agreement stated "visiting once a week", which was true, but it did not stipulate that if the obligation was not fulfilled, the assets could not be distributed according to the agreement. He did not recognize the handwritten pension records of Liu *3, and the WeChat group records of Liu *1 showed that she visited and cared for her mother, but the records indicating that she did not come were obviously untrue. The video of the mother was induced and instigated by Liu *3, and he did not recognize that she fulfilled more obligations. All four children fulfilled their duty of support. The parents had allocated two houses to the two sons for their care and lived there for many years, enjoying the benefits. No. 302 was rented out by Liu *4 for income, and the two daughters did not enjoy the benefits. Liu *3's claim for a larger share was unfounded.

IV. Outcome of the case

The court, based on the records of Liu *1's WeChat group and the fact that the two sons have actually obtained and lived in the agreed-upon houses, did not accept Liu *3's claim and confirmed that all the heirs would inherit according to the agreement. The judgment is as follows: House No. 107 is inherited by Liu *3, and the rest will be transferred to other parties; House No. 270 is inherited by Liu *4; House No. 302 is inherited by Liu *1 and Liu *2 each with a 50% share; all the deposits under the parents' names are inherited by Liu *3, who will pay 10,453.8 yuan to each of his children; and the funeral expenses of 142,417 yuan will be owned by Liu *3 and Liu *4. This case is adjudicated based on the relevant legal provisions of the Civil Code regarding the effectiveness of agreements, inheritance, and support obligations.

5. Henglu Law Firm's Reminder

The legal agreement reached by the children on the distribution of their parents' inheritance is binding on all parties and should be implemented in accordance with the agreement. This case is handled by Beijing Hengluo Law Firm.Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent. Attorney's reminder: For inheritance involving multiple children, a written distribution agreement can be signed to specify the share of inheritance; if you claim that the other party has not fulfilled their duty of support and therefore should receive a smaller share, you must provide sufficient evidence. The court will make a judgment based on factors such as the records in the WeChat group and the actual living and usage situation.

VI. Common Questions About Inheritance by Multiple Children (FAQ)

  1. Q: Is the inheritance distribution agreement signed by the children valid?
    A:The four children voluntarily signed an agreement and affixed their seals on the distribution of their parents' house after their parents' death. Generally, this does not violate the provisions on the validity of the agreement and is binding on all parties.
  2. Q: Can a person who has not fulfilled their duty of support receive a smaller share of the inheritance?
    A:Yes, but the party making the claim must provide sufficient evidence. If there is only a unilateral record without other corroborating evidence, the court may not accept it.
  3. Q: How to inherit the resettlement housing after demolition?
    A:If the resettlement housing belongs to the parents' estate, it shall be divided according to the will, agreement or statutory inheritance. Even if the ownership certificate has not been obtained, the court can still determine the share of ownership.
  4. Q: If a parent's savings are inherited by one person, do they need to compensate the others?
    A:If the agreement or judgment is awarded to one party, that party is usually required to pay the corresponding compensation to the other heirs.
  5. Q: Are funeral expenses considered part of the estate?
    A:No. The funeral expenses and the pensions for the next of kin's consolation and expenses shall be distributed by the heirs through consultation or in accordance with the court's interpretation.