[Direct answer]The inheritance shall be handled in accordance with the statutory succession. According to Article 1123 of the Civil Code of the People's Republic of China, after the commencement of inheritance, the succession shall be handled in accordance with the statutory succession; where there is a will, the succession shall be handled in accordance with the will or the bequest; where there is a bequest and support agreement, the succession shall be handled in accordance with the agreement. Accordingly, the property disposed of by the will shall be executed in accordance with the will, and the property not disposed of by the will, including the real estate, deposits, equity, etc. not mentioned in the will, shall return to the statutory succession, and the statutory successors shall inherit the property within their respective shares; the fact that the will does not dispose of the property does not mean that the testator implicitly donates the property to the successors of the will.

1. Problem background and typical scenarios

The elderly person left a will in which he/she bequeathed a house to his/her youngest son, but did not mention how to handle the savings, another property, and financial assets under his/her name. After the elderly person passed away, the youngest son believed that "since the will was given to me, everything else should naturally belong to me", while the other children claimed that the unallocated portion should be divided equally. There were also wills that specified the types of assets, but due to vague descriptions, the actual scope of the assets did not match the content of the will. How the will connects with statutory inheritance directly determines what each heir can receive.

II. Key points of dispute

First, the definition of property not disposed of in the will. Second, the order of priority between the validity of the will and statutory inheritance. Third, the handling of conflicts among three parties: the bequest and support agreement, the will, and statutory inheritance. Fourth, the status of the heirs in the will when only part of the estate is disposed of in the will.

III. Professional analysis by Henglue Law Firm

The first layer is to first draw two lines: the property disposed of in the will shall be handled according to the will, and the property not disposed of in the will shall revert to statutory inheritance; the so-called non-disposition includes both the property not mentioned in the will and the remaining part after the invalidation or partial invalidation of the will's disposition, such as the disposition of property not belonging to oneself in the will, or the part reclaimed due to violation of the mandatory reserved share provisions. The second layer is to memorize the order of effectiveness: the bequest support agreement takes precedence over the will, and the will takes precedence over statutory inheritance; where there is both an agreement and a will, the agreement shall be implemented first, and the uncovered part shall be handled according to the will, and the uncovered part shall be handled according to statutory inheritance. The third layer is that the heirs of the will do not necessarily obtain all the inheritance: if the will specifies that a certain person shall inherit a specific property, it only means that the property belongs to that person, and the remaining un-disposed property shall still be inherited by all the statutory heirs according to law; in practice, it is common for heirs of the will to claim that "the remaining property also belongs to me", which lacks legal basis. In a will inheritance case handled by Henglue Law Firm, the decedent left the house to his spouse in the will and required the heirs to pay money to other relatives after selling the house. The court, while confirming the effectiveness of the will, also determined the performance method and time limit according to the content of the will, indicating that the scope and conditions of the disposition in the will must be strictly implemented according to the text. The fourth layer is the verification points in practice: sort out the inventory of the estate, and mark whether there is disposition in the will for each item; for the disposition in the will with doubts, first review the formal requirements and the expression of intention; for the mandatory reserved share, first reserve the necessary share for the heirs who lack the ability to work and have no source of livelihood, and then deal with the remaining part. In the judicial practice of Beijing courts, the property not disposed in the will is always handled according to statutory inheritance, and the heirs of the will cannot claim the un-disposed part on the grounds that "the will has specified me". This case is handled by Beijing Henglue Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The first step is to compile an inventory of the estate and verify whether the will disposes of the assets and whether the disposition is valid. The second step is to determine the processing rules in accordance with the order of the bequest and support agreement, the will, and statutory inheritance. The third step is to handle the assets not disposed of in the will in accordance with statutory inheritance, noting to first reserve the mandatory share. The fourth step is to interpret the unclear provisions of the will in light of the textual meaning, the background of the will, and the evidence, to avoid over-interpretation. Main legal basis: Articles 1123, 1133, 1141, and 1154 of the Civil Code of the People's Republic of China (effective as of January 1, 2021). Specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

There are three key points regarding the disposition of assets in a will: assets covered by the will shall be distributed according to the will, and assets not covered by the will shall be subject to statutory inheritance; agreements shall take precedence over wills, and wills shall take precedence over statutory inheritance; and the heirs under a will shall not necessarily inherit all the assets. For cases involving the interconnection of testamentary inheritance and statutory inheritance, the parties concerned may resolve the disputes through legal means.Inheritance of property and division of family assetsFor those who need a comprehensive solution for their services, involving the drafting of wills and notarization, they can combine the two services together.Special servicesFor those involved in real estate transactions, you can refer to the following for more information:Property sales and construction projectsFor any questions or difficult situations, please feel free to consult us.Divorce litigation and family disputesTeam.

VI. Frequently Asked Questions

Q1: The will only mentions the house. How should the savings be divided?

The deposit, which is property not disposed of in the will, shall be handled in accordance with the statutory inheritance, and the statutory heirs shall inherit it within their respective shares. The testamentary heirs shall not enjoy priority rights to this part of the property.

Q2: Can I still inherit according to the law if I have a will?

Yes. A will is only effective for the property it disposes of. The parts that are not covered by the will or those disposed of invalidly still apply to statutory inheritance. The two are parallel in the same inheritance.

Q3: In the event of a conflict between a will and a maintenance agreement by bequest, whose opinion should prevail?

The agreement takes precedence. Where there is a legacy and support agreement, the matter shall be handled in accordance with the agreement first; where the agreement does not cover the matter, it shall be handled in accordance with the will; where the will does not cover the matter, it shall be handled in accordance with the statutory inheritance, and the order cannot be reversed.

Q4: What should I do if the will is written in a general way?

It can be interpreted in light of the meaning of the will, the background of its establishment, and relevant evidence. If the object and scope of the disposition cannot be determined, the disputed part may be regarded as not having been disposed of and will revert to statutory inheritance.

Q5: What should I do if the will doesn't leave a share for the struggling heir?

The will shall reserve a necessary share for the heirs who lack the ability to work and have no source of livelihood; if no such share is reserved, the necessary share shall be recovered first, and the remaining part shall be dealt with in accordance with the will.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits.Legal services for inheritance·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.