[Case Summary]This case is a dispute over unjust enrichment (where the inheritance was disposed of without authorization). After Zhang * died, his cohabiting partner Li * disposed of the stocks in Zhang *'s securities account without authorization and transferred 229,900 yuan to his own account. Zhang *'s spouse, Ms. Wang, and their son, as the legal heirs, entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer defended the rights and interests of the client, claiming that the aforementioned funds constituted Zhang's inheritance, and that Li's acquisition of the funds without legal basis constituted unjust enrichment. The lawyer also applied for property preservation to freeze Li's four bank accounts. The court accepted the lawyer's arguments and ruled that Li should return 290,900 yuan within seven days. The core dispute is whether one party's unauthorized disposition of the deceased's inheritance and acquisition of funds without legal basis constitutes unjust enrichment and should be returned. The applicable legal provisions are the relevant provisions of the Civil Code on statutory inheritance and unjust enrichment.

I. Review of the case

Are the questions "Can the deceased's savings be recovered if one party takes them without authorization?" and "What should I do if my inheritance is transferred by others without my permission?" common issues in inheritance and property protection? Ms. Wang and Mr. Zhang had a son, Zhang *1, and from 2007 to 2018, Mr. Zhang lived with Ms. Li. Mr. Zhang died in June 2018, and both of his parents had passed away before him. Before his death, Mr. Zhang opened a securities and stock account with stock assets. After Mr. Zhang's death, Ms. Li sold the stocks without authorization, transferred the funds of 290,900 yuan from the securities account to Mr. Zhang's bank account, and then transferred them to her own account. Ms. Wang sent a lawyer's letter demanding the return of the funds, but to no avail. She then entrusted Beijing Henglu Law Firm to handle the case for her.Li YonghuiThe lawyer defends the rights and interests of his client.

II. The focus of the case

  • Focus 1: The nature of the payment is an inheritance, not a gift.Li * claimed that Zhang *'s oral promise of a gift and the deductibility of nursing expenses before his death could be established.
  • Focus II: The constitution of unjust enrichment.Li * obtained the deceased's inheritance funds without any legal basis. Should he/she return the money?
  • Focus 3: The application of property preservation.How to promptly seize the defendant's account to ensure the execution of the judgment.

III. Professional intervention by Hengluo Law Firm

The plaintiffs (Ms. Wang and her son) allege that:Ms. Wang claimed that the aforementioned stock assets belong to Zhang's estate and should be jointly owned by the legal heirs in the absence of a will. The matter should be resolved through the inheritance process. Li's unauthorized disposition and acquisition of funds lack legal basis and constitute unjust enrichment. She requested the return of 290,900 yuan and applied for property preservation.

The defendant (Li *) argued that:Li * admitted that he withdrew 290,900 yuan in cash, but claimed that he did so in accordance with Zhang *'s oral medical instructions and Zhang *'s promise of a gift. His nursing and hospitalization expenses far exceeded the amount of the gift, which could be offset against it, so it was not an unjust enrichment. He requested that the claim be dismissed.

Legal Opinion by Hengluo Law Firm:Li YonghuiThe lawyer reviewed the case facts and evidence and concluded that the stock assets belong to Zhang's estate and, in the absence of a will, should be jointly owned by the statutory heirs and cannot be disposed of individually. Li's acquisition of the funds lacks legal basis and constitutes unjust enrichment, so the funds should be returned. The lawyer also filed an application for property preservation with the court, requesting the seizure, attachment, and freezing of Li's assets worth 326,900 yuan. The court legally sealed his four bank accounts to provide guarantees for subsequent enforcement.

  • It should be argued that inheritance of property should be conducted through legal procedures, and individuals do not have the right to dispose of it independently
  • It is pointed out that Li * failed to provide sufficient evidence for his "oral gift and nursing deduction", which makes it hard to believe his claims
  • Apply for property preservation to seize the defendant's four accounts and lock the executable property

IV. Outcome of the case

After the trial, the court accepted the evidenceLi YonghuiThe lawyer's opinion is that the funds involved in the case are Zhang's estate, and since there is no will, they should be jointly owned by the legal heirs. Li claimed that Zhang had promised to donate the money before his death, but failed to provide sufficient evidence to prove it, so it's hard to believe. Li admitted that he withdrew 290,900 yuan in cash, and the two plaintiffs' request for its return should be supported. The final judgment is that the defendant, Li, shall return 290,900 yuan to the plaintiffs, Ms. Wang and her son, within seven days.

5. Henglu Law Firm's Advice

The estate of the deceased shall be inherited by the legal heirs in accordance with the law, and no one shall dispose of it without authorization. If it is found that the estate has been transferred by others without authorization, the heirs should promptly entrust a lawyer to fix the evidence and apply for property preservation. This case is handled by Beijing Henglu Law Firm.Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on the inheritance and unjust enrichment rules of the Civil Code, to help the heirs recover their inheritance.

VI. Common Questions about Property Protection Cases - FAQ

  1. Q: Can we recover the deceased's savings if one party takes them away without authorization?
    A: The deceased's deposits belong to his/her estate. If they are taken away by others without legal basis, the beneficiaries can sue for the return of the unjust enrichment and apply for property preservation.
  2. Q: What should I do if my inheritance is transferred away by others without my permission?
    A: Promptly entrust a lawyer to fix evidence such as bank transaction records, sue for the return of the money, and seize the other party's account to ensure the execution of the judgment.
  3. Q: Can a verbal gift be used to contest inheritance?
    A: It is necessary to provide sufficient evidence for a claim of a gift made during one's lifetime. If there is only an oral statement without supporting evidence, the court generally will not accept it as credible.
  4. Q: Can the court seize the other party's account in a lawsuit for unjust enrichment?
    A: When filing a lawsuit, you can apply for property preservation, seize and freeze the property of corresponding value under the defendant's name to prevent its transfer.
  5. Q: How can Beijing lawyers help heirs protect their rights and interests?
    A: By demonstrating the inheritance relationship and the claim for unjust enrichment, and in combination with preservation measures, we systematically recover the misappropriated inheritance.