[Case Summary]This case involves a dispute over the inheritance of a will and the rights to compensation for demolition. Mr. Zhang Mougang and Mrs. Liu Shufen signed multiple wills (with lawyer's witnessing, proxy writing, and notarization), designating their house on the residential land in the southern district of Tangshan Road to be inherited by their second son, Zhang Mouhui. However, the house was demolished and lost in 2013, leading to a dispute over the rights to compensation and resettlement. The other siblings are contesting the validity of the will. Zhang Mouhui has entrusted the Beijing Henglu Law Firm to handle the case on his behalf.Xue SuhuaAttorney,Liu YuanyuanThe lawyer's representation was fully accepted by the court, and the court ruled that the interests of the house involved in the case and the demolition and resettlement compensation belong to Zhang Mouhui. The core disputes include the validity of multiple wills and whether the demolition rights can be inherited; the application of the Inheritance Law and the provisions on the time effect.

I. Review of the Case Facts

The elderly person has drawn up several wills. Which one is valid? Can the resettlement housing and compensation funds after demolition be inherited according to the will? Many people search for terms like "which will should prevail among multiple wills" and "can demolition rights be inherited?" Zhang *gang and his wife Liu *fen had seven children and obtained the housing land in the southern area of Tangshan Road. The couple successively drew up three wills: a lawyer-witnessed will in 2004, a notarized will in 2014, and a notarized will in 2023, all of which designated their second son, Zhang *hui, as the inheritor. The house was destroyed in the demolition in 2013, and Liu *fen died in 2024. Zhang *hui claimed to inherit the house and demolition rights according to the will, but the other siblings had different opinions. Zhang *hui entrusted Beijing Henglu Law Firm to handle the case.Xue SuhuaAttorney,Liu YuanyuanAttorney representation.

II. The focus of the case

  • Focus 1: Whether the property involved in the case is the couple's jointly owned property.The defendant, Zhang *rong, claimed that he invested funds to build the structure. Is this claim valid?
  • Focus II: Determining the validity of multiple wills.Is the three wills witnessed by a lawyer, written on behalf of others, and notarized legal and valid, and do their contents conflict with each other?
  • Focus Three: Can the rights to compensation for demolition and resettlement be inherited?After the house is lost, does the replacement benefit belong to the scope of the estate?

III. The professional intervention of Hengluo Law Firm

The original plaintiff claimed that:Zhang *hui claimed that his parents' will was genuine and valid, and that the house involved in the case, as well as the demolition resettlement compensation and the rights to the resettlement housing, should be inherited by him. He requested the court to rule that the rights should belong to him and that the defendant should bear the litigation costs.

The defendant argued that:Zhang *rong does not recognize the validity of the will and claims that the house was funded by him; Zhang *hua, Zhang *chun, and Zhang *lian do not recognize the validity of the will but give up their inheritance rights; Zhang *qin recognizes the validity of the will and gives up her inheritance rights.

Hengluo Lawyer's Agency Opinion:Xue SuhuaAttorney,Liu YuanyuanThe lawyer sorted out the entire timeline of the property acquisition, gift, will, demolition, and death; confirmed the applicability of the Inheritance Law; pointed out that in 2004, the lawyer witnessed the will with two unrelated witnesses; in 2014, the holographic will had a procurator and witnesses; in 2023, the notarized will was the most effective, and all three wills designated Zhang *hui and had no conflicting content; the demolition and relocation benefits belonged to the inheritance and could be inherited; and some defendants' waiver of inheritance was legal.

  • Submit the original house ownership certificate, the gift contract, and multiple wills, along with a clear timeline of the events
  • The notarized will is deemed to be the most legally binding, and the contents of multiple wills must be consistent with each other
  • Citing the Inheritance Law and the provisions on the temporal effect, it is confirmed that the right to compensation for demolition can be inherited

IV. Outcome of the case

The court fully adopted the lawyer's opinion: the house registered under the name of Zhang *gang belongs to the couple's joint property, and Zhang *rong's claim of investment is not credible due to lack of evidence; the facts of this case occurred before the implementation of the Civil Code, so the Inheritance Law of the People's Republic of China shall apply; the three wills are legal and valid, and the inheritance shall be handled according to the wills; the demolition and relocation benefits of the house belong to the relocation benefits of the estate, and shall be inherited by Zhang *hui; Zhang *hua and others' waiver of inheritance is true and legal. According to Article 1 Paragraph 2 of the Supreme People's Court's "Provisions on the Application of the Time Effect of the Civil Code of the People's Republic of China", Article 2 and Article 5 of the Inheritance Law, the court ruled that the house located at No. 4 in Lunan District of Tangshan City and the demolition and relocation compensation benefits of the house shall belong to the plaintiff, Zhang *hui. 法院全面采纳律师意见：房屋登记在张某刚名下属夫妻共同财产，张某荣出资主张无证据不予采信；本案事实发生于民法典施行前，适用《中华人民共和国继承法》；三份遗嘱合法有效，按遗嘱继承办理；房屋拆迁置换利益属遗产所置换利益，由张某辉继承；张某华等放弃继承真实合法。依据《最高人民法院关于适用〈中华人民共和国民法典〉时间效力的若干规定》第一条第二款、《继承法》第二条、第五条等，判决：唐山市路南区某4号房屋及该房屋拆迁安置补偿置换利益归原告张某辉所有。

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmXue SuhuaAttorney (Practice Certificate No.: 11101201211769926, subject to the certificate issued by the judicial administrative organ);Liu YuanyuanThe attorney (practice license number: 11101202011201094, the document issued by the judicial administrative organ shall prevail) acts as the agent. Attorney's reminder: Multiple wills with consistent contents are all valid, and the notarized will has the highest legal effect; the rights to resettlement and compensation after the demolition and loss of the house belong to the transformation of the estate, and can be inherited according to the will; it is recommended to make a will under the guidance of a professional lawyer to ensure the legality of the form.

VI. Common Questions and FAQs about Inheritance and Demolition Rights Cases

  1. Q: If a person has made several wills, which one should be used as the basis for settling the estate?
    A:All wills with consistent content are valid; in the event of a conflict, the notarized will shall have the highest validity, and the others shall be determined according to their chronological order and formal requirements.
  2. Q: If the house is demolished, can it still be inherited according to the will?
    A:Yes. The relocation resettlement compensation and the resettlement housing constitute a legal transformation of housing property rights, which fall within the scope of inheritance and can be inherited according to the will.
  3. Q: Is it valid for a lawyer to witness a will?
    A:It is effective. It requires two disinterested witnesses, and it will have legal effect if it meets the statutory formal requirements.
  4. Q: Is it valid for someone to renounce their inheritance?
    A:It is valid. If the heir explicitly waives the inheritance and acknowledges it in court before the inheritance is divided, it shall be recognized according to law.
  5. Q: Does the new law or the old law apply to inheritance by will?
    A:According to the provisions on the temporal effect, if the facts occurred before the implementation of the Civil Code, the Inheritance Law and judicial interpretations in force at that time shall apply.