[Case Summary]This case involves a legal inheritance dispute. Liu Qing and Liu Li are sisters. Their father, Liu Jie, died after remarrying, leaving behind savings, pensions, funeral expenses, and a house in Xicheng District, Beijing. Zhang Hongmei (Liu Jie's second wife) claimed that the two sisters did not fulfill their duty of supporting their father and therefore did not have the right to inherit, and demanded that the house in Xicheng District be dealt with. Beijing Hengluo Law FirmXiong BinrongThe attorney pointed out that Liu Jie's self-written will in 2007 was valid and the inheritance should be carried out according to the will. As for the house in Xicheng District, Liu Jie had already given it up and it was registered under Liu Li's name, so it was not subject to the settlement of this case, saving the parties tens of thousands of yuan in litigation fees. The court ruled that the deposit would be inherited by Liu Qing and Liu Li, and Zhang Hongmei would pay a depreciation fee of 210,000 yuan and Li Hua 2,000 yuan.

I. Review of the Case

Heirs often ask, "Is a handwritten will valid without notarization?" and "Is a pre-marital property agreement valid before remarriage?". In this case, Liu Qing and Liu Li are sisters. Their parents divorced by agreement in 1979. Later, their father, Liu Jie, married Wang Cuifen, but they did not have any children together. Wang Cuifen had a daughter, Li Hua, from her previous marriage. When they remarried, Li Hua was 8 years old and lived with them. However, the couple later divorced again. In March 2012, Liu Jie registered his marriage with Zhang Hongmei. They did not have any children after marriage. On February 11, 2012, the couple signed a "Declaration" stating that they would each bring no assets into the marriage and that all property would belong to them individually. In January 2022, Liu Jie passed away due to illness.

Liu Qing and Liu Li believe that the savings left by their father should be divided according to law as part of his estate, stating that their father had agreed before marriage that each party's property would belong to themselves. Zhang Hongmei disagrees, claiming that the two of them failed to fulfill their duty of support and do not have the right to inherit, and requests the court to handle the Beijing Xicheng house (determined by the court as Liu Jie's estate, acquired during the marriage) together. Liu Qing and Liu Li have entrusted Henglue Law Firm to handle the case on their behalf.Xiong BinrongThe lawyer represented the client in this case and filed a lawsuit.

II. The focus of the case

  • Focus 1: The validity and application of Liu Jie's 2007 handwritten will.The will complies with the statutory requirements and represents the testator's true intention. In this case, the inheritance shall be carried out in accordance with the provisions of the will.
  • Focus II: Are the deposits under the "Statement" Liu Jie's personal property?According to the statement, the deposits belong to Liu Jie personally and will be inherited by his children.
  • Focus Three: Should the housing in Xicheng be dealt with in this case and how to optimize the litigation costs?Liu Jie has given up the property, which is registered under Liu Li's name and is not subject to the settlement of this case, thus saving tens of thousands of yuan in litigation fees.

III. Professional intervention by Hengluo Law Firm

The party concerned alleges that:According to the father's handwritten will and the "Declaration", the deposits, pensions, and funeral expenses should be inherited by the sisters, and the house in Xicheng belongs to Liu Li and is not part of this case.

Zhang Hongmei argued in her defense that:The two of them do not fulfill their duty of support and therefore do not have the right to inherit. The house in Xicheng should be dealt with together.

Legal opinion of Hengluo Law Firm:On June 7, 2007, Liu Jie's handwritten will met the statutory requirements for a handwritten will and constituted a true expression of his intention. In this case, the inheritance should be in accordance with the will. Regarding the savings left by Liu Jie, according to the "Declaration", they are Liu Jie's personal property, so they should be inherited by Liu Qing and Liu Li. Regarding the house involved in the case, Liu Jie has already dealt with the house involved in the case. The current registrant is Liu Li, and the sisters have no disputes over it. Therefore, there is no need to deal with it in this case. According to the value of the house in Beijing, it can save the parties tens of thousands of yuan in litigation fees. In addition, the house was purchased by Liu Jie and Zhang Hongmei before their marriage and belongs to Liu Jie's personal property. Zhang Hongmei has no right to divide it.

IV. Outcome of the case

After the trial, the court fully adopted the opinions of Henglue Law Firm and determined that the will in question was legal and valid. The case would be inherited according to the will; Liu Jie's remaining deposits would be regarded as personal property according to the "Statement" and be inherited by Liu Qing and Liu Li; the funeral expenses and pensions would not be considered as inheritance and would be handled in accordance with the statutory inheritance; the house in Xicheng District of Beijing purchased by Zhang Hongmei and Liu Jie before their marriage belonged to Liu Jie and was still registered under Liu Li's name. The sisters did not request to dispose of the house, and the court had no objection to this. In summary, the court ruled that the funds in the bank account of the deceased, Liu Jie, would be inherited by Liu Qing and Liu Li; Zhang Hongmei would pay Liu Qing and Liu Li a total of 210,000 yuan in compensation within seven days, and pay Li Hua 2,000 yuan.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law FirmXiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. In the case of inheritance by will, the formal requirements should be strictly reviewed. A professional lawyer can help the client avoid unnecessary litigation costs.

VI. Common Questions About Statutory Inheritance Cases FAQ

  1. Q: Is a handwritten will valid without being notarized?
    A:It's valid. A handwritten will, which is written, signed, and dated by the testator, is legally effective. Notarization is not a prerequisite for its effectiveness.
  2. Q: Are prenuptial agreements valid before remarriage?
    A:A prenuptial or marital property agreement, if it reflects the true intentions of both parties and is not in violation of the law, is valid and can clearly define the ownership of each party's property.
  3. Q: Do stepchildren have the right of inheritance?
    A:Stepsiblings who form a foster relationship with their stepparents enjoy the right of inheritance; those who do not form a foster relationship generally do not enjoy this right.
  4. Q: Are the pension and funeral expenses considered part of the estate?
    A:It's not considered an inheritance, but in practice, it's often handled together with statutory inheritance in cases.
  5. Q: Is the pre-marital property considered a joint asset after remarriage?
    A:The personal property of one party before marriage does not become joint property due to the continuation of the marriage, and it still belongs to the individual.