[Case Summary]This case involves a legal inheritance dispute. The decedents, Zhang *da and Liu *lan, purchased a house at No. 407 Chaoyang District (with a price of 28,510.25 yuan) and had savings during their lifetime. After Zhang *da passed away on June 4, 2013, his granddaughter, Zhang *3, sued her daughter, Zhang *2, in court, requesting that the house at No. 407 be owned by the defendant and that the plaintiff be paid a discounted price of 2 million yuan, the savings be divided, and the litigation fees be borne by the defendant. Zhang *2 entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer represented the defendant in the lawsuit. The lawyer found that Zhang *da had left several wills before his death, all of which stipulated that his posthumous property would be inherited by Zhang *2. Moreover, in 1999, the defendant had paid compensation to the plaintiff's mother and signed an agreement with her; the house involved in the case did not use the spouse's work seniority and belonged to Zhang *da alone. The core disputes include: the validity of multiple wills, whether the house used the deceased spouse's work seniority, and whether the plaintiff's claims exceeded the scope of rights. The applicable legal provisions are the relevant provisions of the Inheritance Chapter of the Civil Code of the People's Republic of China. In the end, the court ruled to dismiss all the plaintiff's claims, and the plaintiff, Zhang *3, shall bear the case acceptance fee of 38,800 yuan.

I. Review of the Case Facts

In property inheritance disputes, the most common searches by parties include "how to inherit the house left by my father", "which of multiple wills should prevail", and "who will own the public housing unit that did not use the spouse's work seniority". The decedent, Zhang *da, and his wife Liu *lan were married and had a son and a daughter, Zhang *1 and the defendant Zhang *2, respectively. Zhang *1 and his wife Wang *lan had a daughter, the plaintiff in this case, Zhang *3. Liu *lan died on December 16, 1990, without leaving a will; Zhang *1 died on August 15, 1993; and Zhang *da died on June 4, 2013.

On November 21, 1994, Zhang *da signed a "House Sale and Purchase Contract" with XX Company, agreeing to sell the house at No. 407 in Chaoyang District to Zhang *da for a price of 28,510.25 yuan. According to the retrieved housing file, the male and female parties' work experience was indicated by slashes, with their starting work dates being 1952 and their work experience discount rate being 28.1%. After the court retrieved Zhang *da's China Postal Savings Bank account, it was found that the balance of the card with the tail number 8654 was 9.79 yuan, the balance of the card with the tail number 0076 was 87,499.86 yuan, and the balance of the card with the tail number 1125 was withdrawn by the defendant on June 19, 2013, amounting to 11,948 yuan.

Now, Zhang *3 is suing Zhang *2 in court, requesting: First, to order that the No. 407 house left by the decedent Zhang *Da after his death be owned by the defendant, and to award the plaintiff a house discount of 2 million yuan; Second, to legally divide 50% of the decedent Zhang *Da's bank deposits of 99,457.65 yuan; Third, to have the defendant bear the litigation costs of this case. She believes that Zhang *Da died in 2013 without leaving a will, and his property includes the No. 407 house. The plaintiff is his granddaughter, and the defendant is his daughter. The plaintiff's father died before the decedent, and all the inheritance was taken by Zhang *2. After failed negotiations, the plaintiff sued the defendant in court. The defendant disagrees with the plaintiff's claims and has entrusted Beijing Henglu Law Firm to handle the case for him.Li YonghuiThe lawyer represents the client in the courtroom to defend against the lawsuit.

II. The focus of the case

  • Focus 1: Whether House No. 407 belongs to Zhang *da's personal property.The plaintiff claimed that the house should be divided as an inheritance. Hengluo Lawyer provided evidence that the house file did not show the use of the spouse Liu * Lan's seniority benefits, so the house belonged to Zhang * Da alone.
  • Focus Two: The effectiveness of several wills made by the decedent.Zhang *da successively made the "Declaration", "Will", and "Receipt" in February 1994, May 1999, and September 2005, which were all handed over to the defendant Zhang *2, and the intent expressed in them was consistent. Therefore, it is necessary to determine the validity of these documents.
  • Focus Three: Whether the plaintiff has fulfilled all obligations under the previous agreement.In June 1999, Zhang *da paid 50,000 yuan to the plaintiff's mother, Liu *gui. Liu *gui took the plaintiff away and signed an agreement, and the issue of inheritance was settled.

III. Professional intervention by Hengluo Law Firm

The plaintiff alleges that:Zhang *3 claimed that the decedent, Zhang *Da, died in 2013 without leaving a will, and that Room 407 and the deposits were his inheritance. The defendant refused to negotiate and took possession of all the inheritance, so he requested that the house be returned to the defendant, that the defendant pay a compensation of 2 million yuan and divide the deposits, and that the defendant bear the litigation costs.

The defendant (agent) argued that:Zhang *2 did not agree with the plaintiff's claim and entrusted Henglue Law Firm to defend against the lawsuit, claiming that Zhang *Da left a will before his death, stipulating that his property would be inherited by her. The purchase of the house did not use her mother's work experience, and the compensation was paid and an agreement was signed in 1999. The inheritance matters have been completed.

Hengluo Lawyer's Agency Opinion:Li YonghuiThe lawyer, after reviewing the case facts and evidence, pointed out: Firstly, the scope of the estate should be determined. It was not found in the file of House No. 407 that the spouse Liu * Lan enjoyed the preferential treatment for working years, so the house belonged to Zhang * Da alone. His estate also included the savings he left before his death; Secondly, Zhang * Da had written the "Declaration", "Will", and "Receipt" for the defendant Zhang * 2 at different times, such as February 1994, May 1999, and September 2005. All of them were witnessed by witnesses. The intentions expressed in several wills were consistent, all of which stated that his posthumous property would be inherited by the defendant; and the "Receipt" showed that Zhang * 2 and Wang * Gui negotiated to transfer House No. 407 to Zhang * 2, and Zhang * 2 gave Wang * Gui and Zhang * 3 a compensation of 50,000 yuan, and paid 50,000 yuan to Wang * Gui on June 15, 1999. The chairman of the residents' committee served as the witness. Natural persons can dispose of their personal property by making a will in accordance with the law. The lawyer requested the witnesses to appear in court to testify about the process of making the will, so he did not agree with all the litigation requests of the plaintiff.

IV. Outcome of the case

The court held that Zhang *da clearly stated that House No. 407 and its deposits belong to his daughter, Zhang *2, so the plaintiff's claims are difficult to support. In summary, in accordance with the relevant provisions of the Civil Code of the People's Republic of China, the judgment is as follows: dismiss all the plaintiff Zhang *3's claims; the case acceptance fee of 38,800 yuan shall be borne by the plaintiff. At this point, House No. 407 and its deposits belong to Zhang *2, and the parties' inheritance rights have been legally confirmed.

5. Henglu Law Firm's Advice

In the inheritance of public housing, whether the house uses the deceased spouse's work experience directly affects the ownership of the property and the scope of the inheritance; several wills written by the decedent with consistent content can mutually corroborate their true intention. In this case, Beijing Hengluo Law FirmLi YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) successfully refuted the plaintiff's lawsuit by retrieving archives and constructing a complete chain of evidence from the will and witnesses. It is recommended that family members fix the flow of property in a legal will as soon as possible to avoid disputes after their death.

VI. Common Questions and Answers about Inheritance Disputes

  1. Q: If the deceased has made multiple wills, which one should be followed?
    A:If the contents of several wills are consistent, they can corroborate each other's true intentions; if all of them specify the ownership of the deceased's property, the court will usually confirm it based on that, and if necessary, it may request the witnesses to appear in court to give evidence.
  2. Q: If the spouse's work experience is used to purchase a housing reformed apartment, does it count as the couple's joint property?
    A:If the purchase file shows that the deceased spouse's seniority discount has been used, this part may constitute the couple's joint property and affect the scope of the inheritance; if it has not been used, it belongs to the individual's personal property.
  3. Q: Can grandchildren directly inherit their grandparents' house?
    A:Grandchildren who are not legal heirs in the first or second order generally need to inherit through their parents' subrogation; if there is no will and the parents die before the decedent, they can inherit the corresponding share by subrogation according to law.
  4. Q: How should a defendant in an inheritance dispute respond to the lawsuit?
    A:It is necessary to sort out the evidence such as wills, agreements, and service records, and if necessary, apply for the witnesses to appear in court. Organize the defense around the scope of the estate and the validity of the will, and strive to dismiss the plaintiff's claim.
  5. Q: Who bears the litigation fees in inheritance cases?
    A:The litigation fees are generally borne by the losing party; in this case, all the plaintiff's claims were dismissed, and the plaintiff shall bear the case acceptance fee of 38,800 yuan.