[Case Summary]This case involves a dispute over statutory inheritance and testamentary inheritance. The decedents, Li Xihe and Duan Xiuyu, had two daughters and jointly purchased a house at No. 1001 Chaoyang District. The mother died in July 2016, and the father died in March 2020. Before his death, the father made a notarized will, leaving one-sixth of the sale proceeds to the plaintiff. The defendant's sister refused to divide the sale proceeds, deposits, and pensions. The plaintiff entrusted the Beijing Hengluo Law Firm to handle the case.Li YonghuiThe lawyer filed a lawsuit. The lawyer investigated and collected evidence, clarified the scope of the estate, and the court determined that the defendant had obtained nearly 3.9 million yuan and ordered the defendant to pay the plaintiff 668,658.7 yuan in estate funds. The core disputes are: whether the sale proceeds are part of the estate, the validity of the notarized will, and the share of the estate. Applicable legal provisions: Articles 1122, 1123, and 1133 of the Civil Code.

I. Review of the case

Li Xihe and Duan Xiuyu had two daughters, who are the plaintiffs in this case. The two of them jointly purchased a house located at No. 1001 in Chaoyang District. In July 2016, Duan Xiuyu, the mother, passed away, and in September 2017, her household registration was cancelled. On January 20, 2017, Li Xihe executed a notarized will, stating that after his death, the aforementioned real estate would belong to him, and the property shares that should be inherited from his spouse would be owned by the defendant, Li *2. On March 30, 2020, Li Xihe, the father, passed away. The plaintiff, Li *1, discovered that the house purchased by her parents had been sold, and the proceeds from the sale, as well as the couple's bank deposits and pensions, should all be divided. However, the defendant, Li *2, refused to divide the inheritance with the plaintiff, and the family failed to reach an agreement through negotiation. Faced with questions such as "What should I do if my sister is hoarding the inheritance?" and "Is the notarized will still valid?", the plaintiff 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 sale proceeds belong to the scope of inheritance.After Duan Xuyu's death, the house was sold by Li Xihe. Whether the proceeds from the sale of the house constitute a transformation of the inheritance and whether they can be regarded as the subject of inheritance has become the core of the dispute.
  • Focus II: The effectiveness of the notarized will and the plaintiff's share of the inheritance.The defendant claimed that his father left all his property to him, and the plaintiff should inherit one-sixth of the sale proceeds according to the will. The determination of the share directly affects the result of the division of the property.
  • Focus Three: The determination of the scope of inheritance, including bank deposits and pensions.In addition to the sale proceeds of the house, whether the balance in the father's account and the pension are included in the inheritance, and the inheritance ratios of the plaintiff and the defendant are also the focus of attention.

III. The professional intervention of Hengluo Law Firm

The plaintiff (the party involved) claimed in the original lawsuit that:The plaintiff claims that the proceeds from the sale of the parents' house, the bank deposits, and the pension are all part of the estate. The defendant should divide them according to the will and statutory inheritance, and the plaintiff should receive a corresponding share.

The defendant argued (the defendant's position):The defendant claimed that only the 9,167.67 yuan in his father's account should be recognized as inheritance, and that the half share of the 1001 house after Duan Xiyu's death was real property. The plaintiff's other claims lacked basis. The defendant's notarized will left all the property to the defendant, and the sale of the house infringed the plaintiff's rights, so the plaintiff should claim against Li Xihe.

Hengluo Lawyer's Agency Opinion:Li YonghuiAfter accepting the case, the lawyer immediately reviewed the case facts and insisted on basing his arguments on facts and following the law. The lawyer argued that "inheritance refers to the legal property left by a natural person upon their death, and inheritance begins from the moment the decedent dies". The house involved in the case belongs to the couple's estate, and the proceeds from the sale of the house constitute a transformation of the estate. According to the notarized will, the plaintiff should inherit one-sixth of the sale proceeds. The lawyer collected evidence such as proof letters, property ownership certificates, and documents signed for the sale of the house to support his arguments, and ultimately won the case.

IV. Outcome of the case

The court supported some of our opinions. After investigation, the defendant obtained nearly 3.9 million yuan. According to Li Xihe's will, the plaintiff should inherit one-sixth of the sale proceeds of the house involved in the case. In addition, when Li Xihe died, the account balance and pension in his account should be inherited by both the plaintiff and the defendant in equal shares. In accordance with Articles 1122, 1123 and 1133 of the Civil Code of the People's Republic of China, the court ruled that the defendant, Li *2, should pay the plaintiff, Li *1, the inheritance amount of 668,658.7 yuan within ten days after the judgment takes effect; and dismissed the plaintiff's other claims.

5. Hengluo Law Firm's Reminder

The division of inheritance concerns the heirs' vital interests and future lives, and disputes often focus on the determination of the scope of the inheritance. When encountering complex inheritance disputes, it is necessary to consult professional lawyers in time to clarify the validity of the will and the scope of the inheritance. This case was handled by Beijing Henglu Law FirmLi YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

VI. Common Questions About Inheritance Cases FAQ

  1. Q:The parents' house was sold by one of the heirs. Is the sale proceeds still considered part of the inheritance?
    A:The proceeds from the sale of the house are in the form of inherited assets and therefore still belong to the estate. They can be divided according to the provisions of the will or the law of succession.
  2. Q:Is a notarized will always given priority?
    A:If the contents of several wills conflict with each other, the latest one shall prevail; a notarized will is no longer automatically given priority, and the last valid will shall be taken into consideration instead.
  3. Q:Can the pension be inherited as part of the estate?
    A:The pension is not the deceased's pre-death property and does not belong to the estate. However, in practice, it is often distributed among close relatives in the same way as inheritance.
  4. Q:What should I do if one party monopolizes the inheritance and refuses to give it to others?
    A:You can sue with evidence such as the real estate certificate, bank statements, and wills, and request the division of the inheritance and claim your rightful share.
  5. Q:What is the statute of limitations for inheritance disputes?
    A:Generally, the statute of limitations for inheritance disputes is three years, which starts from the date when the inheritor knows or should have known that his rights have been infringed and the obligations of the other party have arisen.