[Case Summary]This case involves a dispute over inheritance by will. Zhao *ming and Li *lan purchased House No. 502 (their marital joint property) during their lifetime. In 2008 and 2017, Zhao *ming made two self-written wills, stipulating that both his own share and the share inherited from Li *lan would be inherited by Zhao *1. However, Zhao *2 refused to cooperate with the transfer of ownership, and Zhao *1 therefore entrusted Beijing Henglu Law Firm to handle the matter on his behalf.Li YonghuiThe lawyer filed a lawsuit. The court determined that the contents of the two self-written wills corroborated each other, and Zhao *2 failed to provide evidence to refute them. Li *lan's share was inherited according to the law, and the court ruled that House No. 502 would be inherited by Zhao *1. Zhao *2 assisted in the transfer of ownership, and Zhao *1 paid Zhao *2 a discounted price of 521,667 yuan. The core disputes include the validity of the self-written wills, the disputes over the testator's handwriting, and the method of dividing the property. The applicable legal provisions are the relevant provisions of the Inheritance Chapter of the Civil Code.

I. Review of the case

"How to write a valid self-written will?" "What should I do if siblings refuse to cooperate with the transfer of ownership?" "What should I do if the handwriting of the will is questioned?" These are frequent issues in inheritance disputes. Zhao *ming and Li *lan raised two children, Zhao *1 and Zhao *2. Li *lan died on May 29, 2010, and Zhao *ming died on October 22, 2020. Both of their parents had died before them.

Zhao *ming and Li *lan purchased House No. 502 (property rights certificate No. 173XXXX) during their lifetime, which was their marital joint property. The decedent, Zhao *ming, made a handwritten will on November 30, 2008, stipulating that all of his and his wife's retirement savings would be inherited by Zhao *1. He also stated that Zhao *2 had not visited his parents since 2005. On December 29, 2017, Zhao *ming drafted another will, specifying that both his own share of House No. 502 and the share inherited from Li *lan would be inherited by Zhao *1.

Zhao *1 and Zhao *2 failed to reach an agreement through negotiation, and Zhao *2 refused to cooperate with the transfer of ownership. Zhao *1 stated that before his father's death, Zhao *2 had not seen his father for eighteen years and failed to fulfill his duty of support. Under no choice, Zhao *1 entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer filed a lawsuit.

II. The focus of the case

  • Focus 1: Whether the two self-written wills are genuine and valid.Zhao *2 questioned the handwriting, believing that it was not written by one person, which is the core of the case.
  • Focus Two: Should Li *lan's share be handled according to the will or by statutory inheritance?Li *lan did not leave a will, and the ownership of her share of the estate affects its division.
  • Focus Three: Physical division of the house or compensation in the form of a discounted price.The house has always been occupied by Zhao *2, so it would be more appropriate to allocate it to him/her.

III. Professional intervention by Hengluo Law Firm

The plaintiff (Zhao *1) claimed that:My father left a legally valid self-written will, stipulating that he would inherit both his own share of the house and the share inherited from his mother. He requested that the house be registered in his name, that Zhao *2 pay him the corresponding compensation, and that the transfer of ownership be completed.

The defendant (Zhao *2) argued that:My parents once promised to give us another house; I believe that since my mother didn't leave a will, I have the right to inherit her estate; I have doubts about the authenticity of the two wills, as the handwriting in them is different and seems to be written by a young person.

Hengluo Lawyer's Representation Opinion:Li YonghuiThe lawyer believes that according to the Civil Code, inheritance shall be carried out in accordance with the will. House No. 502 is the couple's joint property. Zhao *ming's two self-written wills stipulate that his share of the property be inherited by Zhao *1. The contents of the two wills corroborate each other, and the inheritance should be handled in accordance with the will. The lawyer respects the client's request and, in the best interests of the client, requests that the house be inherited by Zhao *1, that Zhao *2 be paid a corresponding compensation, and that assistance be provided in the transfer of ownership.

  • Upon the court's inquiry, both the plaintiff and the defendant stated that they were unable to provide comparison samples and did not apply for handwriting identification.
  • Zhao *2 claimed that the will was not written by Zhao *Ming, but failed to submit any evidence to support this claim, and his defense was not accepted. Li *lan died before Zhao *Ming, and her 50% share of the estate was inherited by Zhao *Ming, Zhao *1, and Zhao *2 in accordance with the law.

IV. Outcome of the case

The court of first instance accepted the evidenceLi YonghuiLegal opinion. The court held that Room 502 belongs to the couple's joint property. The contents of Zhao *ming's two self-written wills corroborate each other, and Zhao *2 failed to provide evidence to refute them, so his defense was not accepted. Li *lan's 50% share shall be inherited by the three legal heirs. Since the house has been occupied by Zhao *2 all along, the court decided that the house should be inherited by Zhao *1 and Zhao *1 should pay Zhao *2 the corresponding compensation. According to the relevant provisions of the Civil Code, the judgment is as follows: 1. Zhao *ming's Room 502 shall be inherited by Zhao *1, and Zhao *2 shall assist in handling the transfer registration within 15 days after the judgment takes effect; 2. Zhao *1 shall pay Zhao *2 the compensation of 521,667 yuan within 15 days after the judgment takes effect.

5. Henglu Law Firm's Advice

It is recommended to draft a will separately to avoid disputes over the validity of a "joint will", and to properly preserve the sample for handwriting verification. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts on behalf of the client and reminds the client that if there are obstacles in the inheritance transfer, it is necessary to entrust a professional lawyer in time.

VI. Common Questions About Inheritance Disputes Involving Wills (FAQ)

  1. Q: How should a handwritten will be written to be legally valid?
    A:It must be written, signed, and dated by the testator in his own handwriting, and the content must clearly dispose of personal property. It is valid without the presence of witnesses.
  2. Q: What should I do if my siblings question the authenticity of my will's handwriting?
    A:Applicants can request a handwriting identification. If neither party has a comparison sample and does not request an identification, the court will determine the authenticity of the will based on the content of the will and the background of the testator.
  3. Q: If one will is invalid and the other is valid, how should it be handled?
    A:The valid part shall be executed according to the will, and the shares involved in the invalid part shall return to statutory inheritance and be distributed proportionally by the statutory heirs.
  4. Q: What should I do if the other party refuses to cooperate with the transfer of ownership?
    A:You can directly apply for forced execution of the transfer of ownership based on the effective judgment, and the court will issue an assistance in enforcement document, without requiring the other party's cooperation.
  5. Q: Are there any risks associated with a joint will between spouses?
    A:Yes. There are disputes about the validity of joint wills. It is recommended that each party draft their own will separately, which makes it easier to adjust unilaterally when the circumstances of one party change, and to implement their personal wishes.