[Case Summary]This case involves an inheritance dispute (division of family property). After the death of Mr. Zhang's parents in Beijing, they left two houses in Xicheng and Haidian districts, as well as savings. The three siblings sued the court over the inheritance dispute. Mr. Zhang entrusted Beijing Henglu Law Firm to handle the case for him.Xue SuhuaThe lawyer (working on the case with Attorney Chai Yueqing). The lawyer explained the validity of the will and the contributions to supporting and dividing the house, and formulated the strategy of "using litigation to promote mediation". The court presided over the mediation and reached the following agreement: Uncle Zhang inherited 40% of the house in Xicheng District, inherited 75% of the house in Haidian District, and the savings account belonged to Uncle Zhang. Uncle Zhang paid his sisters 350,000 yuan each, successfully dividing the inheritance in favor of his sisters.

I. Review of the case

Heirs often ask, "How can a handwritten will be legally valid?" and "Can one inherit more assets if they fulfill their main duty of supporting their parents?" Mr. Zhang, who lives in Beijing, lost his father, Zhang Wei, in November 2021 and his mother, Liu Yufen, in February 2024. He also has an elder sister, Zhang Shuhua, and a younger sister, Zhang Shumin. After their parents' deaths, they left behind a house at No. 202 in Xicheng District, Beijing, a house at No. 15 in Haidian District, Beijing, and some savings. However, due to disputes over the inheritance of the estate, the three siblings have been unable to reach an agreement. Therefore, Mr. Zhang's sister and younger sister filed a lawsuit with the court, requesting the court to rule that the above-mentioned estate be handled in accordance with the statutory inheritance law.

After receiving the entrustment from Mr. Zhang, Hengluo Law Firm's lawyers conducted a detailed investigation into the case. The house at No. 202 in Xicheng District was registered under the name of Zhang Wei, while the house at No. 15 in Haidian District was registered under the name of Liu Yufen. Mr. Zhang informed us that his mother, Liu Yufen, had left a self-written will before her death, clearly stating that she would leave the house at No. 15 in Haidian District to Mr. Zhang, and that the house at No. 202 in Xicheng District would be inherited by his three siblings in equal shares. Regarding the house at No. 202 in Xicheng District, Mr. Zhang argued that he had contributed his work points during the housing distribution and fulfilled his obligations to support his parents, so he should receive a larger share of the inheritance.

II. The focus of the case

  • Focus 1: The validity of a handwritten will and the determination of the ownership of the Haidian house.The will meets the requirements for a self-written will to take effect, so the Haidian house should belong to Uncle Zhang.
  • Focus Two: The discretionary additional points for housing allocation and maintenance obligations in Xicheng District.Uncle Zhang contributed to the employee points and did his best to support his parents, so he should get more points.
  • Focus 3: Mediation Plan and Maximizing Benefits.Use litigation to promote mediation, taking into account both legal principles and family affection.

III. The professional intervention of Hengluo Law Firm

The party concerned alleged that:According to my mother's will, the house in Haidian belongs to me, and I should get a larger share of the house in Xicheng due to my contributions and support for my parents.

The other party's (sister's) position:Please handle this according to the legal succession procedures.

Hengluo Lawyer's Agency Opinion:Firstly, the will in question meets the requirements for the effectiveness of a self-written will. In the will, Liu Yufen clearly expressed her wish for the division of her property. According to the content of the will, the Haidian house should belong to Uncle Zhang, and the Xicheng house should be inherited by the three children in equal shares. Since Liu Yufen had no right to dispose of 50% of Zhang Wei's inheritance, according to the intention of the will, Uncle Zhang obtained 3/4 of the Haidian house and 1/3 of the Xicheng house. Secondly, the No. 202 house in Xicheng was public housing before the division of the house. It was allocated according to the per capita living area. Uncle Zhang made a valuable contribution of 2 points and made actual contributions in the process of obtaining the house. Moreover, Uncle Zhang fulfilled more filial obligations to his parents before their death and lived with them. In addition, Uncle Zhang is elderly, his wife is ill, and he needs to support his children, so it's difficult for him to maintain his life with just his pension. Therefore, when dividing the inheritance, we should consider it comprehensively and Uncle Zhang should get more. The lawyer formulated the "using litigation to promote mediation" strategy, combining legal principles and family affection to promote mediation.

IV. Outcome of the case

Under the court's supervision, the two parties reached a mediation agreement, stipulating that the house in Xicheng would be inherited by Zhang Shuhua and Zhang Shumin each with a 30% share, and Mr. Zhang would inherit a 40% share; the house in Haidian would be inherited by Zhang Shuhua and Zhang Shumin each with a 12.5% share, and Mr. Zhang would inherit a 75% share; and the deceased's savings would belong to Mr. Zhang, who would pay 350,000 yuan to each of Zhang Shumin and Zhang Shuhua.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Xue SuhuaThe attorney (practice license number: 11101201211769926, subject to the certificate issued by the judicial administrative organ) acts as the agent, assisted by Attorney Chai Yujing. In inheritance cases, it is necessary to balance legal principles and family affection. A professional attorney can help clients inherit a reasonable share of the estate.

VI. Common Questions about Inheritance Dispute Cases FAQ

  1. Q: How should a handwritten will be written to be legally valid?
    A:It is written and signed by the testator in his own hand, with the year, month and date specified, and the content is his true intention. Generally, it is valid without requiring notarization.
  2. Q: Can one get a larger share of the inheritance if they have fulfilled their main obligation of supporting their parents?
    A:Yes. For the heirs who have fulfilled their main obligation of supporting the decedent or lived with the decedent, they can receive a larger share of the inheritance when the estate is distributed.
  3. Q: Is it better to mediate inheritance disputes or to have a court judgment?
    A:Mediation is more efficient, helps resolve family conflicts, and allows for flexible settlement. Lawyers often adopt the strategy of "promoting mediation through litigation" to maximize their clients' interests.
  4. Q: Does the length of service contribute to the allocation of housing?
    A:In the process of housing reform and the conversion of public housing tenancy rights, the actual investment, working years, and the employee's contribution score can be used as discretionary factors for awarding additional inheritance shares.
  5. Q: How should siblings divide the inheritance when there's a dispute over it?
    A:If there is a will, the inheritance shall be in accordance with the will; if there is no will, the inheritance shall be in accordance with the statutory succession. Generally, the heirs in the same order are equal, and those who fulfill more obligations may receive a larger share.