[Case Summary]This case is a dispute over inheritance (testamentary inheritance and rejection of multiple claims). Wang Jia and Wang Yi are brothers. Their parents, Wang * and Wu *, left behind the inheritance including the house at No. 809 in Haidian District, Beijing, as well as deposits, securities, gold bars, jewelry, etc. Wang Yi claimed that he should get a 70% share because he had fulfilled more obligations of supporting his parents, and he did not recognize the validity of the will. Wang Jia entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer represented the client and argued for inheritance according to the will. The court accepted the lawyer's opinion, confirmed the validity of the will, and ruled that the brothers would each inherit 50% of House No. 809. The court rejected Wang Yi's request for a larger share. The core dispute is whether a legally valid self-written will can override the claim of "those who fulfill more filial obligations should receive a larger share". The applicable legal provisions are the provisions of the Civil Code regarding inheritance by will and the formal requirements for self-written wills.

I. Review of the Case Facts

"Can one get a larger share of the inheritance by fulfilling more support obligations?" and "Is a self-written will valid?" are common questions in inheritance disputes. Wang Jia and Wang Yi are brothers. Their father, Wang Mou, died in December 2022, and their mother, Wu Mou, died in July 2023, leaving behind an affordable housing unit at No. 809 of a residential complex in Haidian District (105.7 square meters), as well as savings, financial investments, government bonds, gold, jewelry, and other assets, along with pension and funeral expenses. Wang Yi argued that he should receive a larger share because he fulfilled more support obligations, demanding a 70% share of the No. 809 unit and other assets, and refusing to recognize the validity of the will. Wang Jia insisted on inheriting according to the will and appointed a lawyer to handle the case on his behalf.Li YonghuiThe lawyer is representing this case.

II. The focus of the case

  • Focus 1: The validity of the will involved in the case.Is the will made by the parents in accordance with the formal requirements of a self-written will, and is it legal and valid?
  • Focus II: Can fulfilling more support obligations break through the provisions of the will?Is there any basis for Wang Yi's claim for a larger share, and can the inheritance according to the will exclude this claim?
  • Focus Three: Scope and Division of the Inheritance.How to divide the house, savings, gold jewelry, and pension and funeral expenses.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Wang Jia) claims that:Wang Jia argued that the will involved in the case meets the formal requirements of a self-written will and is legal and valid, so the inheritance should be carried out according to the will. Wang Yi's request for a larger share of the inheritance lacks legal basis, and his claim for a larger share should be rejected.

The defendant (Wang Yi) argued that:Wang Yi claimed that he should get a 70% share of the inheritance because he fulfilled most of his duty of supporting his parents. He did not recognize the validity of the will and insisted that he should get a 70% share of Room 809 and the bank deposits, etc.

Hengluo Lawyer's Agency Opinion:Li YonghuiThe lawyer first confirmed the scope, nature, and amount of the estate, analyzed the content of the will, and concluded that the will met the formal requirements and was legally valid. According to the Civil Code, where there is a will, the inheritance or bequest shall be handled in accordance with the will, and the corresponding estate shall be dealt with in accordance with the will. Regarding the deposit part, the portion of the will involving non-legal heirs constitutes a bequest, and Wang Jia's son's acceptance of the bequest is legally valid. Based on this, the lawyer requested a fair inheritance in accordance with the will and rejected Wang Yi's claim for a larger share.

  • The evidence shows that the will was written and signed by the decedent in his own handwriting and dated, and the form is legal
  • When there is a will, the inheritance shall be distributed in accordance with the will. Fulfilling one's duty of supporting one's parents does not necessarily mean that the will can be overridden
  • Clarify the validity of the acceptance of the bequest by the beneficiaries (who are not legal heirs)

IV. Outcome of the case

The court accepted the evidence.Li YonghuiAccording to the lawyer's opinion, it was confirmed that the will involved in the case meets the formal requirements of a self-written will and is legally valid. The corresponding inheritance shall be handled in accordance with the will. Regarding House No. 809, the will did not distinguish between larger and smaller shares, and it was determined that Wang Yi and Wang Jia would each inherit a 50% share. Wang Yi's request for a larger share was not supported. Regarding the deposit, the portion involving non-legal heirs in the will was considered a bequest and was determined to be distributed equally. The funeral expenses and pensions were distributed among the brothers. The gold bars were inherited by Wang Yi, who paid a discounted price for them. In the end, Wang Jia fairly inherited according to the will, and his request for a larger share was rejected.

5. Henglu Law Firm's Reminder

A will is a key factor in the distribution of inheritance. A natural person can make a will to designate one or several legal heirs to inherit the property. The will shall comply with the statutory formal requirements. If the will is legal and valid, the court will handle the inheritance according to its content. 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 testamentary inheritance rules of the Civil Code, to safeguard the client's legitimate rights and interests.

VI. Common Questions About Inheritance Cases - FAQ

  1. Q: Can I get a larger share of the inheritance if I fulfill more of my duty to support my parents?
    A: In statutory inheritance, the heirs may receive a larger share of the inheritance if appropriate, but if there is a legal and valid will, the inheritance shall generally be handled in accordance with the will, and the heirs shall not necessarily disregard the will.
  2. Q: Is a handwritten will valid?
    A: A handwritten will, signed by the testator and indicating the year, month, and date, is valid if it meets the formal requirements.
  3. Q: In the event of a conflict between a will and statutory inheritance, who should be given precedence?
    A: If there is a legal and valid will, the inheritance or bequest shall be handled in accordance with the will firstly.
  4. Q: What is the difference between a bequest and an inheritance?
    A: For inheritance to legal heirs, and bequest to persons other than legal heirs, the donee must express his/her acceptance within 60 days after becoming aware of it.
  5. Q: When did He Jiancheng, a lawyer from Beijing, get involved in the case?
    A: When there are disputes over the share of inheritance, it is necessary to intervene as soon as possible to analyze the validity of the will and clarify the scope of the estate.