[Case Summary]This case involves a dispute over the inheritance of a handwritten will. In 2021, Mrs. Wang Jian wrote a will leaving her property worth 7.5 million yuan to her granddaughter, Liu Li. However, her aunt, Liu Shufen, and her cousin, Liu Mei, questioned the authenticity of the will and claimed their right to statutory inheritance. Liu Li entrusted Beijing Henglu Law Firm to handle the case on her behalf.Xue SuhuaAttorney,Wang FangliThe lawyer filed a lawsuit with the Haidian District Court of Beijing. The lawyer conducted the representation based on the common ownership of the house by the couple, the formal requirements of the self-written will, and the rules of evidence. In the end, the court ruled that three-quarters (75%) of the house would be inherited by Liu Li, and Liu Shufen and Liu Mei would each inherit one-eighth. The core disputes are the legal effect of the self-written will and the share of the transfer of inheritance; and the application of the Inheritance Chapter of the Civil Code.

I. Review of the Case Facts

A self-written will sparked a family inheritance battle. Can the granddaughter obtain the property according to her grandmother's handwritten will? Many people search for questions such as "Is a self-written will valid without witnesses?" and "Can the granddaughter inherit her grandmother's property?" In July 2023, Mrs. Wang Juan passed away, leaving behind a property worth 7.5 million yuan in Haidian District, Beijing. Granddaughter Liu Li claimed to inherit the property based on her grandmother's handwritten will in 2021, but was opposed by her aunt Liu Shufen (who is a US citizen) who claimed that the house was purchased with her own funds, and her cousin Liu Mei questioned the authenticity of the will. Faced with the impasse, Liu Li entrusted Beijing Henglu Law Firm to handle the case.Xue SuhuaAttorney,Wang FangliThe lawyer filed a lawsuit for inheritance with the Haidian District Court of Beijing City.

II. The focus of the case

  • Focus 1: The nature of the ownership of the house involved in the case.The defendant claimed that he purchased it with his own funds. The lawyer, based on the fact that it was registered under the name of Wang Juan's husband, Liu Hua, and acquired during their marriage, argued that it belonged to the couple's joint property.
  • Focus Two: Is the self-written will valid?The defendant questioned it on the grounds of no witnesses, no video, and applying for handwriting identification. It is necessary to prove that the will meets the statutory formal requirements.
  • Focus 3: Calculation of the inheritance share.The key to the judgment is to determine the final share of the inheritance, which involves first dividing 50% to the spouse, then transferring the inheritance and designating it in the will.

III. The professional intervention of Hengluo Law Firm

The plaintiff claimed that:Liu Li argued that the handwritten will of her grandmother, Wang Juan, is authentic and valid, and that the house should be inherited by her. She submitted photos of the original will and a video of Wang Juan holding the will, forming a chain of evidence.

The defendant argued that:Liu Shufen claimed that the purchase price of the house was paid entirely by her and belonged to her personal property. Liu Mei questioned the authenticity of the will and requested a handwriting identification and a division of the inheritance according to the law.

Legal Opinion by Hengluo Law Firm:Xue SuhuaAttorney,Wang FangliThe lawyer pointed out that: the house registered under Liu Hua's name and acquired during the marriage belongs to the couple's joint property according to law; the self-written will, which is written in full by the testator, signed and dated, meets the formal requirements and does not require a witness or video recording; Liu Mei failed to pay the appraisal fee, resulting in the termination of the appraisal, and should bear the consequences of failing to provide evidence.

  • Submit the original photo of the will and the video of the elderly holding the will, which can corroborate each other's authenticity
  • Based on Article 1134 of the Civil Code, it is argued that the form of a handwritten will is complete, and old age is not a reason for its invalidity.
  • Clarify the "divide first and then inherit" principle and the chain of transferring inheritance, and calculate the 75% share that Liu Li should receive

IV. Outcome of the case

The court determined that the house was the joint property of Liu Hua and Wang Juan, with each owning a 50% share; after Liu Hua's death, his 50% share was legally inherited, and Wang Juan obtained a 62.5% share inherited from her husband, which was entirely designated by her own handwritten will to be inherited by Liu Li. In accordance with Articles 1122, 1133, 1134, and 1159 of the Civil Code of the People's Republic of China, the court ruled that the house located at No. 101 in Haidian District, Beijing should be inherited by Liu Li; Liu Li shall pay Liu Shufen and Liu Mei 937,500 yuan each as compensation. Liu Li shall obtain a three-quarters (75%) share of the house.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Xue SuhuaAttorney (Practice Certificate No.: 11101201211769926, subject to the certificate issued by the judicial administrative organ);Wang FangliAttorney (Practice Certificate No.: 11101201911086939, subject to the certificate issued by the judicial administrative organ). Attorney's Reminder: The core of a self-written will is to write it by hand, sign it, and indicate the date. There is no need for notarization or witnesses. If the children of the decedent die before the decedent, the rules of subrogated succession and transfer of succession may apply. It is recommended to consult a professional lawyer when making a will to ensure that the form is complete.

VI. Frequently Asked Questions (FAQ) about Inheritance Cases

  1. Q: Is a handwritten will valid without a witness?
    A:It is valid. A handwritten will is deemed to meet the formal requirements if the testator writes the entire text by hand, signs it, and indicates the year, month, and day. The law does not require witnesses or video recording for such wills.
  2. Q: Can a granddaughter directly inherit her grandmother's property?
    A:Yes. Grandma designated her personal property to be inherited by her granddaughter through a legally valid self-written will, which constitutes testamentary inheritance and takes precedence over statutory inheritance.
  3. Q: The other party applied for handwriting identification, but they haven't paid the fee yet. What should I do?
    A:If the authentication is terminated due to non-payment of the fee, the applicant shall bear the consequences of failing to provide evidence and cannot deny the authenticity of the will on this basis.
  4. Q: If the spouse dies first, do we have to divide the property in half before inheriting it?
    A:Yes. If the couple owns jointly-owned property, the surviving spouse must first receive a 50% share, and the remaining portion will then be treated as the deceased's estate and be inherited according to the will or by statutory succession.
  5. Q: If the will leaves the house to the granddaughter, can the other children also get a share of it?
    A:If the will is legal and valid and covers the property, the other children have no right to divide it anymore; only the uncovered shares will be inherited according to the law.