[Case Summary]This case involvesInheritance of propertyDispute. After the death of their parents, Zhang *1 and Zhang *2 inherited the house at No. 303 in Xicheng District, Beijing and more than 77,000 yuan in deposits. Their father died in 2014, and their mother, Liu *, died in 2022 and made a will to dispose of her share of the house. Zhang *1 entrusted the professional lawyer team of Beijing Henglu Law Firm to sue for the division of the inheritance. Zhang *2 defended that she would inherit the house after deducting the pension from the will and claimed that the valuation of the house was too high. The court adopted some of our opinions and ruled that Zhang *2 should pay Zhang *1 a discounted price of 2,169,243 yuan for the house, and the deposits of 77,657.86 yuan should be inherited by the two of them in equal shares. Zhang *2 should also pay 8,282.5 yuan in appraisal fees. The core disputes are the validity of the will and the share of the inheritance, and the valuation of the house. The applicable legal provisions are the relevant provisions of the Inheritance Chapter of the Civil Code on wills and statutory inheritance.

I. Review of the Case Facts

"How to divide the inheritance of parents' property" and "how to determine the validity of a will" are the core issues of inheritance disputes. After the death of their parents, Zhang *1 and Zhang *2 inherited a house located at No. 303 in Xicheng District, Beijing (hereinafter referred to as the disputed house) and more than 77,000 yuan in savings. Due to disputes over the division of the estate and the renovation costs of the house, Zhang *1, who failed to reach an agreement through multiple communications, entrusted the professional lawyer team of Beijing Henglu Law Firm to file a lawsuit on his behalf and requested the court to rule on the division of the estate.

The father of the house involved in the case obtained the house ownership certificate on August 2, 2011. The father, Zhang * , died in June 2014. His wife, Liu *, did not remarry and died in February 2022. The balance of the two bank cards under Liu *'s name totaled 77,657.86 yuan. On April 9, 2018, Liu * made a will, the main content of which was: The property to be disposed of was the house at No. 303 in Xicheng District (which was under the name of her deceased husband). Due to her advanced age and serious illness, she would use all the parts of the house belonging to her (two-thirds of the total value of the house) for future expenses; if the house was not sold and the children paid the expenses, the debts would be paid off from the house property first; after the debts were paid off, the remaining property would be inherited by her eldest sons, Zhang *1 and Zhang *2, each inheriting a one-half share, and it would not belong to the joint marital property of the heirs.

II. The focus of the case

  • Focus I: The validity of Liu's will and his inheritable share of the estate.Whether the disposition of one's share in the house in the will is valid, and how to inherit after deducting the pension expenses, serve as the basis for the division of the estate.
  • Focus 2: Is the appraised value of the house too high?Zhang *2 questioned whether the appraisal price and the appraisal procedures and methods were appropriate in determining the amount of the discounted price.
  • Focus Three: Whether the decoration expenses claimed by the defendant can be deducted.The defendant claimed 85,000 yuan in renovation fees, but the plaintiff was unaware of this and the invoices were paid after the trial. There is a dispute over whether this amount can be deducted.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Zhang *1) alleges that:The plaintiff claims that if Zhang *2 demands ownership of the house, he agrees to grant it to him, but he should pay the corresponding compensation according to the appraised value of the house; and requests the court to make a judgment on the division of the inheritance.

The defendant (Zhang *2) argued that:Zhang *2 claimed that the share of the house involved in the case belonging to Liu * should be deducted from the pension expenses according to the will and then be jointly inherited by the original defendant and the plaintiff. Therefore, he claimed that the house should belong to him. After deducting the 470,513.98 yuan he paid in advance, he should give the plaintiff a discounted price of half of the remaining value of the house, and he believed that the appraised value of the house was too high.

Legal opinion of Hengluo Law Firm:After receiving the entrustment from Zhang *1, the professional lawyer team of Beijing Henglu Law Firm carefully analyzed the case materials and communicated with the client in depth to determine the condition of the house, the ownership status, and the validity of the will. The lawyer applied to the court to entrust a professional institution to evaluate the value of the house, and pointed out that the evaluation process was appropriate, the method was reasonable, and the basis was sufficient. The compensation should be calculated according to the value of the house confirmed by the evaluation report. During the trial, our side did not recognize the part of the decoration fee of 85,000 yuan claimed by the defendant—the plaintiff was not aware of the decoration, and the house has not been completed for demolition and renovation. Moreover, the invoices and other records submitted by the defendant were all paid after the first court hearing of this case.

IV. Outcome of the case

The court ultimately adopted some of the opinions of Henglue Law Firm and ruled that Zhang *2 should pay Zhang *1 a house discounted price of 2,169,243 yuan; the balance of the two bank accounts under the name of the deceased, Liu *, totaling 77,657.86 yuan, should be inherited by Zhang *1 and Zhang *2 in equal shares; and Zhang *2 should pay Zhang *1 an estate appraisal fee of 8,282.5 yuan. The client was satisfied with the judgment result.

5. Henglu Law Firm's Reminder

This case is being handled by the professional lawyer team of Beijing Henglu Law Firm (Practice Certificate No.: _________, subject to the certificate issued by the judicial administrative organ). Lawyer's Tip: In inheritance disputes, there are often disputes over the validity of wills, house appraisal, and deduction of renovation costs. Heirs should properly keep the ownership and will evidence. If there are disputes over the value of the house, they can apply for a judicial appraisal. In cases of "parental property inheritance" and "calculation of the discounted price of the house", it is recommended to entrust a professional lawyer to clarify the relationship between the will and statutory inheritance.

VI. Common Questions About Inheritance Cases FAQ

  1. Q: How is the inheritance of parents' property divided?
    A:If there is a will, the inheritance shall be distributed according to the will; if there is no will, the inheritance shall be distributed according to the statutory succession, with the shares being equally divided among the first-order heirs. The specific shares can be negotiated or determined by the court.
  2. Q: Is a will always valid?
    A:A will must comply with legal formalities and reflect the testator's true intention. Any portion of the will that is obtained through fraud, coercion, or the disposal of others' property may be invalidated. The validity of the will should be determined based on the available evidence.
  3. Q: How is the discounted value of the house calculated?
    A:Generally, according to the market value assessed by the judiciary and combined with the share of inheritance that the heirs are entitled to, the party who obtains the house pays the other party a discounted price.
  4. Q: Can the pension payment made by one party be deducted?
    A:If there is a provision in the will or evidence of actual advance payment, the creditor may be given priority in the settlement of the estate, but the creditor must provide evidence of the fact and amount of the advance payment.
  5. Q: What evidence should be prepared for inheritance disputes?
    A:You should collect the property ownership certificates, death certificates, wills, bank statements, appraisal reports, etc., and consult a professional lawyer as soon as possible.