[Case Summary]This case involves a dispute over inheritance by will. The client, Zhang *1, whose mother, Yang *, made a will before her death, leaving two demolition resettlement houses (No. 304 and No. 1004) located in Beijing to Zhang *1 for inheritance. However, this was opposed by other siblings, and the property registration has been delayed for a long time. Zhang *1 entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer filed a lawsuit. The lawyer conducted the litigation around the authenticity of the will, the waiver statements of the various heirs, and the ownership of the house. In the end, the court ruled that all property rights to the two houses would be inherited by Zhang *1. Yang *'s funeral expenses and pension of 52,211 yuan would be divided equally among the three sisters. The core disputes are: how to define the scope of the estate when multiple family agreements conflict with the will; and the application of the Inheritance Chapter of the Civil Code and the rules of testamentary inheritance.

I. Review of the case

The elderly person in the family passed away and left a will, but the children ended up taking the property to court. Many families are most concerned about "how to handle the inheritance of property according to the will", "what to do if siblings refuse to cooperate with the transfer of ownership", and "whether a self-written will is valid". Yang * and Zhang * were a couple. Zhang * had a son, Zhang * 2, with his ex-wife, and after marrying Yang *, they had three daughters and a son (Zhang * 3, Zhang * 4, Zhang * 5, and Zhang * 1). In 2008, Yang * used the compensation money from the demolition to repurchase three houses, No. 207, No. 507, and No. 306. Later, these three houses were successively changed to No. 304, No. 1004, and No. 705. The three houses had been delivered but not registered. Zhang * died in 2003, and Yang * died in January 2018. In the will, it was stated that Room 705 would be inherited by Zhang * 4, and Rooms 304 and 1004 would be inherited by Zhang * 1. Due to the fact that the property rights of the houses had not been registered, and the parties failed to reach an agreement, Zhang * 1 entrusted Beijing Henglu Law Firm in 2018 to handle the matter.Li YonghuiThe lawyer initiated the lawsuit.

II. The focus of the case

  • Focus 1: Whether the will made by Yang * is genuine and valid.The heirs have different opinions on the authenticity of the will, and some defendants argue that the inheritance should be divided according to the statutory succession. It is necessary to confirm the validity of the will and the formal requirements for its execution.
  • Focus Two: The ownership and inheritance scope of the two houses involved in the case.The house originated from demolition compensation and has not been registered. Some defendants claim that it includes the personal inheritance share of their father, Zhang *. It is necessary to clarify the property boundaries specified in the will.
  • Focus Three: Can the pension and funeral expenses be divided together?After Yang's death, his relatives received a total of 57,211 yuan in funeral expenses and death pensions, some of which were kept by Zhang 1. Whether this amount belongs to the estate and how it should be distributed has become a matter of dispute.

III. Professional intervention by Hengluo Law Firm

The plaintiff claimed in the original lawsuit that:Zhang *1 claimed that his mother's will was genuine and valid, and that Houses No. 304 and No. 1004 should be inherited by him. Zhang *3, Zhang *4, and Zhang *5 successively signed commitment letters or agreements, acknowledging the will and waiving their rights to the two houses. They requested the court to confirm the ownership of the assets.

The defendant argued that:The defendant, Zhang *2, claimed that 1 million yuan of the 2 million yuan of her father Zhang *'s demolition compensation belonged to her personal inheritance, and that Yang * intentionally concealed and embezzled it, so his inheritance share should be reduced; Zhang *5 claimed that the will was invalid, and that the three houses should be inherited according to law, and demanded the division of the cash inheritance and funeral expenses and pensions; Zhang *4 acknowledged that House No. 705 and the two houses belonged to Zhang *1.

Hengluo Lawyer's Agency Opinion:Li YonghuiThe lawyer reviewed the demolition agreement, the supplementary agreement, the agreement letters of all heirs, and the commitment letters, and confirmed that the 2015 will was recognized by all parties as authentic and valid. After Yang *'s death, Zhang *2, Zhang *4, and Zhang *5 signed agreements to waive their rights to two sets of houses, and Zhang *3 also agreed that Zhang *1 should inherit them. Therefore, the rights to the two houses should belong to Zhang *1.

  • Submit multiple Supplementary Agreements and housing change records to determine the sources and ownership of the three properties in question.
  • Submit the promissory notes and agreements from 2018 to 2019 to prove that the other heirs have expressly waived their right to inherit the two houses
  • Distinguish the nature of inheritance from that of pensions. Funeral expenses and pensions do not belong to the inheritance and should be distributed according to the proportion jointly confirmed by all parties involved

IV. Outcome of the case

The court accepted the arguments of Hengluo Law Firm and determined that the will was genuine and valid, and that all the defendants had waived their rights to the two sets of houses. According to Articles 1123 and 1133 of the Civil Code of the People's Republic of China, the court ruled that all property rights to the houses located at No. 304 and No. 1004 in Haidian District, Beijing, shall be inherited by Zhang *1. The death pension and funeral expenses of Yang * in Zhang *1's possession, totaling 52,211 yuan, shall be divided among Zhang *3, Zhang *4, and Zhang *5 in the amount of 13,052.75 yuan each. The client successfully obtained the inheritance rights to the two sets of properties.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmLi YonghuiAttorney (Practice Certificate No.: 11101199611955812, subject to the document issued by the judicial administrative organ): Agent. Attorney's Tip: Testamentary inheritance takes precedence over statutory inheritance, but making a will should pay attention to formal norms and proper preservation; heirs should be cautious when signing a waiver of inheritance agreement. Once they make a true intention, it will be legally binding. For uncertified demolition and resettlement housing, heirs should promptly confirm their rights through litigation with the will and inheritance agreement, so as to avoid prolonged disputes within the family.

VI. Common Questions About Inheritance Cases FAQ

  1. Q: My parents left a handwritten will, but my siblings are not cooperating with the transfer of ownership. What should I do?
    A:A handwritten will is valid if it is written, signed, and dated by the testator. The testator can sue the court to confirm the inheritance rights based on the will, and after the judgment, the testator can apply for the transfer of ownership unilaterally without the cooperation of other inheritors.
  2. Q: The relocation housing for demolition hasn't been issued with a property ownership certificate yet. Can it be inherited directly according to the will?
    A:Yes. Even if the house has not been registered, as long as its origin is clear and the ownership rights are well-defined, the court can rule that all property rights of the house belong to the heirs. After the conditions for registration are met, the heirs can transfer the ownership based on the court's judgment.
  3. Q: Are funeral expenses and death pensions considered part of the estate?
    A:No. These are consolations and subsidies provided to the family after the death of the deceased, and they do not belong to the estate. They are usually distributed according to the proportion agreed upon by the close relatives or determined by the court.
  4. Q: Can other heirs who have signed a waiver of inheritance agreement still change their minds?
    A:Generally, a waiver made with true intention before the division of inheritance is irrevocable. If there are circumstances such as fraud or coercion, evidence must be provided. Otherwise, the waiver shall be implemented in accordance with the agreement.
  5. Q: If the will stipulates that the property is only given to one child, can the other children share in the demolition compensation money?
    A:If the will is legal and valid and clearly designates the rights to the house, other children generally have no right to divide it anymore; however, they can still claim the cash and pensions that are not covered by the will according to the law.