[Direct answer]In the Beijing area, this is the case, and it belongs to the situation where the inheritance should be divided equally or in a smaller proportion. According to Article 113 of the Civil Code of the People's Republic of China, the share of inheritance of the same order of heirs shall generally be equal; for heirs who have the ability and conditions to support but fail to fulfill their support obligations, the inheritance shall not be divided or divided in a smaller proportion when distributing the inheritance. The application of this rule requires the simultaneous fulfillment of two prerequisites: first, the heir must have the ability and conditions to support; second, the heir must objectively fail to fulfill their support obligations. If the heir is living in financial difficulties, lacks the ability to work, or objectively faces obstacles such as being abroad for a long time or serving a prison sentence that prevent them from fulfilling their obligations, the rule does not necessarily apply. The heirs who claim a smaller share or no share need to bear the burden of proof regarding the other party's ability to support and the fact that they have failed to fulfill their obligations.

I. Problem background and typical scenarios

When parents are left unattended in their old age and then claim to divide the inheritance after their death, this is the most likely scenario to trigger emotional confrontations in inheritance disputes. Typical situations include: children living in the same city with stable incomes, but failing to visit their parents or provide financial support for their medical care and living expenses for a long time; only one child taking care of the deceased during their hospitalization, with the other children never participating; one party using the excuse of being too busy to refuse to take responsibility, but later claiming equal distribution of the inheritance.Inheritance of property and division of family assetsIn the case, the court will examine the ability to provide support, the fulfillment of obligations, and the actual contributions made. This not only avoids generalizing moral judgments, but also ensures that those who fulfill their responsibilities will not be disadvantaged. The judgment will always be based on evidence.

II. Key points of contention

Focus I: Determination of the capacity to support: income level, labor ability, family burden, and physical condition. Focus II: Determination of the conditions for support: whether the supportee lives in the same city as the heir, and whether there is the time and objective possibility to provide support. Focus III: Proof of failure to fulfill obligations: specific facts of failing to visit, care for, or bear the expenses. Focus IV: Differences between equal and reduced shares: the circumstances are different, and the consequences are also different. Focus V: Coexistence with increased shares and care-related circumstances: a reduced share for one party often corresponds to an increased share for the other party. Focus VI: Whether the heir's will can change this rule. Focus VII: Handling of extreme situations such as abandonment and abuse.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Lawyers is that the difficulty in claiming that the other party should receive a smaller or no share of the inheritance lies in proving their ability and qualifications, rather than expressing emotions. First, proof of ability: Submit the other party's income statements, social security and tax records, and business income certificates to demonstrate their financial ability to support the deceased; at the same time, show that they have not lost their working capacity due to illness or unemployment. Second, proof of qualifications: Use household registration, residence records, and travel logs to demonstrate that they live in the same city as the deceased or have convenient transportation, making it objectively possible for them to provide care. Third, proof of lack of obligations: Review the timeline of the deceased's hospitalization, daily life, and expense payments, and compare this with the fact that the other party did not participate. For example, there are no traces of the other party in the hospitalization care records or payment receipts. Fourth, refute common defenses: The other party often defends themselves by citing busy work, poor relations, or the deceased's refusal to accept support; in this case, it can be pointed out that the obligation of support cannot be waived due to distant relations, and alternative methods such as remittances and hiring caregivers can be used to fulfill the obligation. Fifth, reasonable definition: If the other party truly has objective obstacles, such as long-term overseas residence, imprisonment, or serious illness, it is not appropriate to determine that they failed to fulfill their obligations. Sixth, pay attention to the relationship with the will: If the deceased has a valid will, the estate shall be handled according to the will, and the legal share rules only apply to the portion not disposed of in the will or in the event of the will being invalid.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, sort out the medical, nursing, and living expenses receipts of the deceased as soon as possible to form a complete timeline; Second, fix the evidence of the other party's ability to support, such as income and property clues; Third, record the specific facts that the other party did not participate in care; Fourth, claim corresponding responsibilities separately for extreme situations (abandonment, abuse) to avoid confusion with share disputes; Fifth, plan together when dealing with inheritance debts and enforcement. Legal basis: Articles 1122, 1125, 1127, 130 of the Civil Code of the People's Republic of China (all effective from January 1, 2021), and the Interpretation (I) of the Inheritance Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court (effective from January 1, 2021). For matters involving the repayment of inheritance debts, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementFor matters involving the division of real estate assets, you may refer to the following for reference.Property sales and construction projectsThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, the focus of granting or not granting alimony lies in the individual's ability and circumstances, rather than the quality of the relationship. Secondly, the obligation to support can be fulfilled through methods such as remitting money or hiring caregivers. Being busy is not an automatic excuse for exemption from liability. Thirdly, evidence should be presented in a chronological order, as scattered statements are difficult to be accepted. Fourthly, the party who faces objective obstacles should not be deemed as failing to fulfill their obligations. Fifthly, if there is a valid will, the estate shall be handled in accordance with the will. Matters involving inheritance and family property arrangements can be resolved through legal means.\nInheritance and division of family propertyThe service provides a comprehensive solution that integrates debt repayment and enforcementCreditor's rights and debts, and enforcementFor plates involving the disposition of real estate, you can refer to the following for referenceReal estate transactions and construction projectsColumn.

VI. Frequently Asked Questions

Q1: How to prove that the other party has the ability to support a child?

You can submit the other party's income statements, social security and tax records, operating income certificates, as well as objective materials showing that they have not been declared as having lost their ability to work or been unemployed for a long time. If the other party owns multiple properties or vehicles and other assets, you can also submit them together. The purpose of providing evidence is to demonstrate that they have the economic basis and objective possibility to fulfill their duty of support.

Q2: The other party said they're busy with work. Can they be exempted from liability?

Generally, this is not the case. The obligation of support does not solely require personal care, and it can be fulfilled through alternative means such as paying alimony or hiring caregivers. Being busy with work generally does not constitute a defense against liability, unless there are objective obstacles such as long-term overseas residence, imprisonment, or serious illness, which make it objectively impossible to fulfill the obligation.

Q3: What are the consequences of not fulfilling one's obligations - will the score be zero or reduced?

It shall be determined by the court at its discretion. For minor circumstances, the court usually awards a smaller share; for serious circumstances, where the heir completely fails to fulfill his/her obligations for a long time or even abandons the inheritance, the court may not award any share at all. When making the determination, the court will consider the duration of the non-performance, the actual needs of the decedent, and the heir's financial capacity. The parties involved should provide sufficient evidence to demonstrate the severity of the circumstances in order to obtain an appropriate resolution.

Q4: If parents verbally said they wouldn't give something to a certain child before their death, does that count as a legal agreement?

Generally, it is not considered valid. Oral declarations do not constitute a legally effective will, and the estate will still be handled according to statutory inheritance laws. Oral disinheritance is not legally binding. If you wish to disinherit or adjust the share of an heir, you should draft a will that complies with the statutory formal requirements. If necessary, a lawyer can review it to avoid the will being invalidated due to formal defects.

Q5: If the other party abandons the heir, will they lose their right of inheritance?

If the heir is abandoned or abused in a serious manner, or if the will is forged, tampered with, or concealed, the heir may lose the right of inheritance. Whether the right of inheritance is lost or not shall be determined by the court, and there are exceptions such as the heir's expression of forgiveness. If the party claims to have lost the right of inheritance, he/she shall provide sufficient evidence of the facts and the seriousness of the abandonment or abuse.

The above answer is based on the judicial practice in the Beijing area. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit. →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. If a dispute arises, please consult a practicing lawyer in a timely manner.