[Direct answer]In the Beijing area, the services generally cover four stages: investigation, review, consultation, and litigation. According to Article 112 of the Civil Code of the People's Republic of China, inheritance refers to the personal legal property left by a natural person upon their death. Therefore, the first step is to identify the scope of the inheritance, including real estate, deposits, equity, vehicles, and insurance, and distinguish between personal property and marital joint property. The second step is to review the validity and formal requirements of the will, such as a self-written will must be written, signed, and dated by the testator in person. The third step is to assist the heirs in consultation or mediation, in accordance with Article 113, which encourages the resolution of inheritance issues through consultation. The fourth step is to represent the heirs in litigation or respond to lawsuits, handling disputes over the scope of the inheritance, the validity of the will, and the distribution of shares. Extrajudicial matters also include the affairs of the estate administrator, the registration of changes in property ownership, and the enforcement of the division of funds.

1. Problem background and typical scenarios

Inheritance disputes often flare up after the death of elderly family members: siblings have different opinions on the amount of savings, argue over whether the transfers made by the elderly during their lifetime constitute inheritance, and dispute the authenticity of the will. There are also cases where the parties are not competing for assets, but hope to smoothly complete the transfer of real estate and withdrawal of savings, only to be stalled due to a lack of materials or the refusal of some people to cooperate. The intervention of lawyers often transforms emotional disputes into verifiable facts and enforceable solutions.

II. Key points of dispute

First, how to define the scope of the estate and whether the property disposed of during the lifetime can be included. Second, how to distinguish between personal property and marital joint property, and whether it is necessary to first separate out the spouse's share. Third, how to determine the validity of multiple wills when they coexist, and whether the formal requirements are complete. Fourth, the scope and order of heirs, and whether it involves subrogated succession or stepchildren. Fifth, whether caregiving contributions can lead to a larger share and what kind of evidence is needed. Sixth, whether pensions, insurance payments, etc. are considered part of the estate.

III. Professional analysis by Henglue Lawyers

In a statutory inheritance dispute handled by Henglue Law Firm, after the death of the decedents, Feng * and Zhou *, their eldest son, second son, daughter, and granddaughter had conflicts over the distribution of the estate, which included a pension of 250,000 yuan, savings, and two properties. The plaintiff claimed to divide one-third of the savings and alleged that the daughter and granddaughter transferred and concealed assets by controlling the accounts. Henglue Law Firm's defense argument was as follows: First, the decedents had the right to dispose of their own property before death, and the assets already disposed of no longer belonged to the estate. Moreover, the accounts contained funds transferred to the daughter and granddaughter as well as to other heirs, and there was no sufficient evidence to prove the existence of unauthorized transfers. Second, the pension did not belong to the estate and had been disposed of by the heirs during their lifetime. The plaintiff had also signed a document waiving inheritance rights. Third, the granddaughter was not a statutory heir and was not a qualified defendant in the statutory inheritance dispute. Fourth, the claim for a larger share of the support contributions should be supported by sufficient evidence. After the first-instance judgment, the plaintiff appealed, but the second-instance court ruled that the plaintiff had failed to provide sufficient evidence of the account control and transfer facts, dismissed the appeal, and upheld the original judgment. This case shows that the key to inheritance cases lies in the accurate definition of the scope of the estate and the solidity of the evidence. Emotional accusations cannot substitute for evidence. This case was handled by Beijing Henglue Law Firm.Yu DayiAttorney (practice certificate number: 11101201010292290, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action list: First, make a list of the inheritance items and verify the ownership registration and acquisition time for each item; Second, review whether there is a will and whether its form is legal, paying attention to the chronological order of multiple wills; Third, distinguish between marital joint property and personal property, and first divide the property before inheriting it; Fourth, collect evidence of support and cohabitation, such as transfer records, nursing and medical treatment records; Fifth, whenever possible, fix the solution through agreements or mediation. For matters involving inheritance and family division of property, you can refer to the relevant provisions of the Inheritance Law and the Marriage and Family Code of the People's Republic of China.\nInheritance of property and division of family assetsFor issues concerning the ownership and registration of real estate, you may refer to the following materials for reference:Real estate transactions and construction projectsLegal basis: Articles 1122, 1123, 1123, 1124, 1125 and 1126 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021), as well as the relevant provisions of the Civil Procedure Law of the People's Republic of China. The specific application shall be subject to the currently effective laws, regulations and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, in inheritance cases, it is necessary to clarify the scope of the estate first, otherwise all subsequent disputes over shares will be meaningless. Secondly, the property legally disposed of by the decedent before his death does not belong to the estate, a point that is often misunderstood. Thirdly, pensions and other similar benefits are not part of the estate, and the distribution rules are different from those of inheritance. Fourthly, the formal requirements of a will cannot be ignored. The lack of a signature or date may affect its validity. For disputes involving inheritance and division of assets, you can seek legal assistance through the following channels:\nInheritance of property and division of family assetsThe service provides a comprehensive solution, which includes the transfer of ownership and the registration of property rightsProperty sales and construction projectsFor cases involving the intertwined division of marital property, you can refer to the following article for reference.Divorce litigation and family disputesColumn.

VI. Frequently Asked Questions

Q1: What are the main responsibilities of a probate inheritance lawyer?

It mainly includes: investigating and sorting out the scope and ownership of the estate, distinguishing personal property from marital joint property; reviewing the validity and formal requirements of the will; assisting the heirs in negotiating, mediating, and drafting a division agreement; representing the heirs in inheritance litigation or responding to lawsuits, handling disputes over the scope of the estate, the validity of the will, and the share of the inheritance; assisting in handling the transfer of real estate and the division of funds, and, if necessary, dealing with matters related to the estate administrator.

Q2: Is the money transferred by parents to their children before their death considered inheritance?

Generally, it is not considered part of the inheritance. During the lifetime of the decedent, they have the right to dispose of their own property according to law, and the funds that have been donated and delivered usually no longer belong to the estate. If it is claimed that the transfer of funds was controlled by others or involved transfer or concealment, the party making the claim needs to provide evidence. In practice, the court will review factors such as the time of the transfer, the amount, the relationship between the parties, and whether the funds were used for the decedent's own living expenses.

Q3: Are pensions and insurance benefits considered part of the estate?

Generally, pensions do not belong to the estate. The recipients and distribution of pensions are determined in accordance with relevant regulations, and are usually handled through consultation among close relatives. Insurance payouts depend on whether a beneficiary has been designated. If a beneficiary has been designated, the payout will go to the beneficiary; if not, it may be treated as part of the estate. The distribution rules for these two types of payments differ from those for the estate, and they cannot simply be divided according to the statutory inheritance shares.

Q4: Which of the multiple wills should prevail?

According to the Civil Code, if there are several wills with conflicting contents, the latest will shall prevail, provided that it meets the respective formal requirements. It should be noted that notarized wills made before the implementation of the Civil Code shall be governed by the legal rules applicable at that time, and the notarized will shall have priority in effectiveness. Therefore, when making a judgment, we should first determine the time when the legal facts occurred, and then select the applicable rules.

Q5: Can the heirs resolve the dispute through negotiation?

Yes. According to Article 1132 of the Civil Code, the heirs shall negotiate and handle the inheritance matters in the spirit of mutual understanding and harmony; if no agreement can be reached through negotiation, the People's Mediation Committee may mediate or the heirs may file a lawsuit with the court. It is recommended that the results of the negotiation be written into a written agreement, clarifying the ownership of various properties and the performance period. If necessary, the heirs may apply to the court for a mediation agreement to enhance the enforceability of the agreement.

The above Q&A is mainly based on judicial practice in Beijing. There may be differences in the adjudication standards in different 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 materials, to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Yu Dawei·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. If you encounter disputes, please consult a practicing lawyer in time.