[Case Summary]This case involves a dispute over a bequest (intersection of real estate sales and inheritance). Yang * and Zhang * were originally married. In August 2023, Yang * made a handwritten will, bequeathing House No. 1006 to his friend Wu Lei. The three defendants (Zhang *, Zhang *2, and Zhang *3) do not recognize the validity of the will. Wu Lei entrusted Beijing Henglu Law Firm to handle the case.Wang Fangli,Xue SuhuaThe lawyer filed a lawsuit with the court. The lawyer pointed out that the bequest takes precedence over statutory inheritance, the form of a self-written will is legal, and the house belongs to Yang's personal property. The court ruled that the three defendants should assist Wu Lei in handling the transfer of ownership of the house within seven days. The core disputes are: the validity of the will, the ownership of the house, and the priority of the bequest. Applicable laws: Articles 1120, 1123, 1124, 1133, and 1134 of the Civil Code.

I. Review of the Case

The parties often search for terms such as "Is it valid to bequeath property to a friend?", "How to write a valid self-written will?", "What should I do if relatives don't recognize the bequest?", and "How can the donee accept the bequest?". Yang * and Zhang * were once married and had a son, Zhang *1. Zhang *1 and Liu * were once married and had children, Zhang *2 and Zhang *3. Yang * and Zhang * signed a divorce agreement in March 2022, and House No. 1006 was awarded to Yang *. It was registered under Yang *'s name in August and classified as targeted resettlement housing.

Yang * was disappointed because her son, Zhang *1, was addicted to alcohol and dependent on her. On August 12, 2023, she made a self-written will and a video, stipulating that her property would be left to her friend, Wu *, after her death. On August 15, Yang * died, and Zhang *1 died in April 2024. Wu * once sued in September 2023 but later withdrew the lawsuit. Now, he has entrusted Henglu Law Firm to handle the case for him.Wang Fangli、Xue SuhuaThe lawyer filed a lawsuit with the court, requesting that the court rule that House No. 1006 be inherited by Wu Lei and that the three defendants assist in the transfer of ownership.

II. The focus of the case

  • Focus 1: The validity of a handwritten will.Under the dispute over the handwriting of the will, whether the form of a self-written will is legal and whether it is truly valid remains uncertain.
  • Focus Two: House ownership.Is House No. 1006 Yang's personal property, or is it jointly owned by Yang and Zhang and Zhang 1?
  • Focus 3: Priority of bequests.Is the bequest prior to statutory inheritance, and did the donee accept it within the statutory time limit?

III. Professional intervention by Hengluo Law Firm

The plaintiff (Wu Lei) alleges that:Please request that the court rule that House No. 1006 be inherited by him, and that Zhang A, Zhang A2, and Zhang A3 assist in handling the transfer procedures.

The defendants (the three defendants) argued that:They do not recognize the validity of the will, claiming that the handwriting is obviously inconsistent; they argue that the disposal of the assets in the will does not belong to Yang's personal property, and no share was left for Zhang 1, who was alive and incapacitated at the time. Therefore, the will should be declared invalid.

Hengluo Lawyer's Agency Opinion:Wang Fangli、Xue SuhuaThe lawyer pointed out: First, after the commencement of inheritance, bequests take precedence over statutory inheritance. The self-written will in the case was written, signed, and dated by the testator in person, meeting the formal requirements and being legally valid. Yang * explicitly bequeathed House No. 1006 to Wu Lei, and Wu Lei accepted it within the statutory timeframe. Second, the 2012 "Government-Directed Housing Purchase and Sale Agreement" submitted by the three defendants did not specify the relationship between the house and Zhang * and Zhang *1. The house purchase price was paid by Yang *, and Zhang *1 only lived with Yang * after her divorce. Zhang * has been serving a long prison sentence, so the house belongs to Yang *'s personal property. Third, the authenticity of the medical records of Zhang *1 submitted by the three defendants is questionable. The fracture caused by alcoholism cannot prove her lack of working capacity. Whether she has working capacity should be appraised, and she should be held responsible for her own actions.

IV. Outcome of the case

The court accepted it.Wang Fangli、Xue SuhuaAccording to the lawyer's opinion, and in accordance with Articles 1120, 1123, 1124, 1133, and 1134 of the Civil Code, it is decided that the three defendants shall assist Wu Lei in handling the transfer of ownership registration of the house within seven days. The court held that Yang *'s self-written will dated August 12, 2023, explicitly bequeathed House No. 1006 to Wu Lei, and Wu Lei accepted it within the statutory time limit, which should be supported. The evidence submitted by the three defendants failed to prove their claims and was not admitted. In this case, the rules such as the priority of bequest over statutory inheritance and the formal requirements of self-written wills were applied.

5. Henglu Law Firm's Reminder

A bequest is the act of donating an inheritance to someone other than the legal heirs. The donee shall express his acceptance within 60 days after learning of the bequest, otherwise it shall be deemed as a waiver. This case is handled by Beijing Henglu Law Firm.Wang FangliAttorney (Practice Certificate No.: 11101201911086939, subject to the certificate issued by the judicial administrative organ);Xue SuhuaAttorney (Practice License No.: 11101201211769926, subject to the document issued by the judicial administrative organ) acting as an agent. Attorney's advice: When making a self-written will, it is necessary to write it by hand, sign it, and indicate the date; if the property is bequeathed to a friend, the donee should express his/her intention and accept it within 60 days, and pay attention to keeping the evidence of the ownership of the house.

VI. Frequently Asked Questions about Inheritance Disputes

  1. Q: Is it valid to bequeath a property to a friend?
    A:It is valid. A natural person may make a will to bequeath personal property to someone other than the statutory heirs, that is, to establish a legacy. As long as it meets the formal requirements, it is valid.
  2. Q: How should a handwritten will be written to be legally valid?
    A:The entire will must be written by the testator in his own handwriting, signed by him, and dated with the year, month, and day. The content of the will must clearly specify the disposition of the property.
  3. Q: What should I do if my relatives don't approve of the bequest?
    A:The heir may file a lawsuit with the court, and provide evidence that the form of the will is legal, the ownership is clear, and the inheritance was accepted within the statutory time limit, requesting assistance in transferring the ownership.
  4. Q: How does the donee accept the gift of inheritance?
    A:The person receiving the gift should express their intention to accept the gift within 60 days after learning about the gift. If no such expression is made within the time limit, it shall be deemed as a waiver of the right to accept the gift.
  5. Q: Which takes precedence, a bequest or statutory inheritance?
    A:A bequest (and testamentary succession) takes precedence over statutory succession; where there is a legal and valid bequest, the property shall be dealt with in accordance with the bequest.