[Case Summary]This case is a dispute over inheritance by will. Zou * made a written will, stipulating that House No. 05 in Fengtai District be inherited by his remarried spouse, Ding *, while his four children do not recognize the will and claim inheritance according to the law. Ding * entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe case was brought to court. The lawyer provided evidence that the holographic will had two witnesses, a testator, audio and video recordings, and the witnesses appeared in court, which met the statutory requirements; the court confirmed that the will was genuine and valid, and ruled that the house should be inherited by Ding *. Ding * paid 13,933 yuan to each of the heirs and his stepson Ma *. The core disputes were the authenticity of the holographic will and the testator's capacity for civil conduct, whether Liu * had a share in the ownership of the house, and whether Ma * had the right of inheritance. The applicable legal provisions are the relevant provisions of the Inheritance Chapter of the Civil Code of the People's Republic of China.

I. Review of the Case Facts

"There is a dispute over the authenticity of the holographic will left by the father, and the ownership of the house is in question" — this is a typical dilemma in inheritance disputes in remarried families. Zou * and Liu * had four children (Zou *1–4); Liu * died in March 1992, and in November 19 of the same year, Zou * remarried Ding *. Ding * and her ex-husband's son, Ma *, lived together with them and formed a guardianship relationship. Ding * and Zou * used their joint work experience to purchase House No. 05 in Fengtai District, which was a marital joint property.

On August 18, 2011, Zou *li made a written will, specifying that Ding * should inherit the house under his name after his death; on July 20, 2012, Zou * died, but his children did not cooperate with the inheritance, so Ding * entrusted Beijing Henglu Law Firm to handle the inheritance matters for him.Li YonghuiThe case was brought to court. The house in question was a welfare housing unit provided by Zou's employer in 1983, and was sold at the cost price under the military housing reform program. A "Sale Agreement for Military-Owned Housing" was signed on December 20, 1997. Zou had 38 years of work experience, while Ding had 20 years. On April 17, 1998, Zou paid a purchase price of 24,322 yuan for the house.

II. The focus of the case

  • Focus 1: Whether the holographic will made by Zou * is true and valid.The defendant claimed that Zou * lacked the capacity to make a will, that the signature on the will was not authentic, and that the will did not reflect his true intentions. Therefore, the formal and substantive requirements of the will should be reviewed.
  • Focus II: Whether ex-wife Liu * enjoys a share of the property rights to House No. 05, and whether stepson Ma * enjoys the right of inheritance.It needs to be combined with the time of purchasing the house, the length of service, and the determination of the relationship of support and upbringing.

III. The professional intervention of Hengluo Law Firm

The party involved (the plaintiff) claims that:The written will of Zou * was witnessed by Duan * and Song *. Duan * witnessed the will and noted the date of August 18, 2011. The two of them and Zou * signed and affixed their fingerprints on the will. The process of forming the will was recorded in audio and video, and the witnesses were asked to appear in court to give their statements. The will is a true expression of Zou *'s intention and is a valid will. Therefore, the house should be inherited by Ding * according to the will.

The other party (the defendant) argued that:Zou *1–4 jointly argued that they did not agree with the plaintiff's claims and insisted on dividing the property according to statutory inheritance. Zou *4 claimed to inherit the house and receive a discounted payment. He argued that Zou * had suffered from cerebral infarction multiple times and lacked the capacity to make a will, that the signature on the will was not his own, and that the will written by a proxy was invalid. He also claimed that the house was distributed during Zou *'s marriage to Liu * and purchased with Liu *'s inheritance, with each of the four children contributing 3,000 yuan. Therefore, Zou *4 should inherit the house, and Ma * should not be an inheritor.

Legal opinion of Hengluo Law Firm:The lawyer pointed out that the inheritance is the legal property left by a citizen upon their death, and the right of inheritance is protected by law; if there is a will, the inheritance shall be carried out in accordance with the will. Zou *'s written will has two witnesses, a scribe, a specified date, a signature and fingerprint, and a recording and video. It also applies for the witnesses to appear in court, which meets the substantive requirements of a written will and constitutes a true expression of intention, thus it is a valid will. House No. 05 was purchased after Liu *'s death and did not use Liu *'s seniority benefits. Liu * does not enjoy a share of the property rights, and the house shall be inherited by Ding * in accordance with the will.

IV. Outcome of the case

The court of first instance adopted the opinion of Hengluo Law Firm and held that the defendant did not acknowledge the authenticity of the will but failed to provide contrary evidence. It confirmed that the will was a true expression of Zou's intention and was a valid will, and the inheritance should be handled in accordance with the will. House No. 05 was purchased after Liu's death and did not use his seniority discount, so Liu was not entitled to a share of the property. Ma lived with Zou and Ding and formed a guardianship relationship, and the will specified his share, so he should be an heir. The funeral expenses and the last six months' salary received by Ding were not divided and should be treated as Zou's estate and inherited according to law. In accordance with the relevant provisions of the Civil Code of the People's Republic of China, the court ruled: First, House No. 05 in Fengtai District under Zou's name shall be inherited by Ding; Second, Ding shall pay 13,933 yuan each to Zou 1, Zou 2, Zou 3, Zou 4, and Ma within ten days from the date the judgment takes effect. Beijing Hengluo Law FirmLi YonghuiThe agent won the lawsuit over the inheritance dispute of the will, helping the client to retain the property.

5. Henglu Law Firm's Reminder

A holographic will must be witnessed by two or more witnesses, with one of them writing it on behalf of the testator and indicating the date. The writer of the will and the other witnesses must sign the will, and the audio and video recordings and the witnesses' ability to appear in court can effectively address disputes over its authenticity. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

VI. FAQs on Inheritance Disputes Involving Wills

  1. Q: How can a written will be considered valid?
    A:More than two witnesses must be present. One of them shall act as a scribe and indicate the date. The scribe, other witnesses, and the testator shall sign the will. In this case, there are witnesses, scribes, audio and video recordings, and statements made in court. The court confirms that they are valid.
  2. Q: What should I do if my children don't recognize the authenticity of the holographic will?
    A:If a party does not recognize the will, they must provide evidence to the contrary. If there is no sufficient counter-evidence, the court will confirm the authenticity and validity of the will based on the formal and substantive requirements and proceed with the inheritance according to the will.
  3. Q: Does my ex-wife have a share in the house I bought after remarrying?
    A:If the house was purchased after the ex-wife's death and the ex-wife did not use her seniority discount, the ex-wife does not enjoy a share of the property rights, and the house will be inherited by the heirs according to the will.
  4. Q: Can stepchildren inherit the inheritance of their step-parents?
    A:Where the stepchildren form a foster relationship with their stepparents, they can be considered as heirs. In this case, Ma * lived with her stepparents and the will specified her share, so the court ruled that she had the right to inherit.
  5. Q: Do we still need to pay a discounted price to other heirs in the case of inheritance by will?
    A:If the will stipulates that the house be inherited by one person, the inheritor usually needs to pay the corresponding compensation to the other legal heirs. In this case, Ding * paid 13,933 yuan to each of the heirs respectively.