[Direct answer]In the Beijing area, the handling of property inheritance disputes should proceed in three steps: First, verify the nature of the house ownership and the time of acquisition to determine whether it belongs to the couple's joint ownership, the parents' joint ownership, or the inheritor's personal property; Second, determine the validity of the will to confirm whether there is a valid will and whether there are conflicts between multiple wills; Third, determine the scope and share of the heirs and handle the relationship between the statutory order of inheritance, subrogated inheritance, and the distribution of the will. Article 1123 of the Civil Code of the People's Republic of China (effective January 1, 2021) establishes the principle that testamentary inheritance takes precedence over statutory inheritance, and Article 1127 stipulates the order and scope of statutory inheritance. In practice, a large number of disputes do not arise from the inheritance rules themselves, but from the lack of sufficient evidence regarding the ownership of the house and the nominal ownership relationship.

I. Problem Background and Typical Scenarios

There are four typical forms of real estate inheritance disputes: First, the house is registered under one person's name, and the other party claims that it was purchased under someone else's name or was a welfare housing distribution from the unit; Second, multiple heirs have different opinions on the ownership of the house, and there are multiple wills; Third, the house is jointly owned by a couple and registered under one party's name. There is a dispute over whether the spouse's share should be separated out first when inheriting; Fourth, there are different views among the heirs on whether they have fulfilled their duty of supporting their parents and dividing the property fairly.Inheritance of property and division of family assetsIn such cases, many disputes have already arisen before litigation, and a common root cause is that the registered information and the actual investment situation have long been inconsistent with each other.

II. Key points of contention

First, whether the house belongs to the estate: the spouse's share of the marital joint property shall be allocated first, and then the part belonging to the inheritor shall be divided. Second, whether the relationship of purchasing the house under another's name can be established: it is necessary to prove that there is an agreement of purchasing the house under another's name, actual investment, and possession and use. Third, the determination of the validity of the will: whether the formal requirements are met, whether there is a valid will, and the effectiveness of the waiver of inheritance. Fourth, the handling of conflicts between multiple wills: when the contents conflict, the one made last shall prevail. Fifth, the calculation of the inheritance share: the legal order of inheritance, the application of subrogated inheritance, and the circumstances of multiple shares. Sixth, the handling of the house being difficult to divide by discounting: one party shall acquire the house and pay the discounted amount to the other inheritors.

III. Professional analysis by Henglue Lawyers

Taking the inheritance dispute over a house purchased under someone else's name represented by Lawyer Xue Suhua of our firm as an example: The plaintiff claimed that the house was a welfare housing unit allocated by his father's workplace, purchased under his father's name with his full funding, and thus should belong to him. The defendant, however, argued that the house was his grandmother's inheritance, which had been disposed of in a handwritten will. After reviewing the evidence, the lawyer pointed out that although the plaintiff submitted a certificate of ownership issued by his parents, it only stated the ownership of the house after the death of his parents, not that he was the rightful owner during their lifetime. Moreover, the plaintiff had explicitly waived his rights to his father's inheritance in a notary office and the purchase qualification and contract signing subject of the disputed house were not the plaintiff. The court also found that the disputed house was actually inhabited and renovated by the two elderly people, so it should be identified as their property. Accordingly, on June 19, 2024, the court ruled that the decedent's handwritten will was valid, and the disputed house was treated as inheritance, with each party inheriting a 50% share and sharing the pension and funeral expenses equally. Both the first-instance and second-instance courts supported the defendant's defense claims. This case was handled by Beijing Henglu Law Firm.Xue SuhuaThe attorney (practice certificate number: 11101201211769926, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Retrieve the housing registration files and original purchase contracts as soon as possible to verify the registration subject and time; 2. Organize investment certificates, including payment records and the allocation of renovation and property management costs; 3. Collect written materials within the family regarding the ownership of the house, such as gift agreements, certificates, and audio/video recordings; 4. Verify whether a will exists and whether the form of the will complies with legal requirements, noting the differences between notarized wills and self-written or proxy-written wills; 5. Confirm the scope and order of heirs, paying attention to the applicable conditions for subrogated inheritance; 6. Consider partitioning family assets or initiating litigation as soon as possible to avoid disputes arising from long-term vacancy of the house. Legal basis: Articles 1123, 1124, 1127, and 1130 of the Civil Code of the People's Republic of China (all effective from January 1, 2021); Interpretation (I) of the Inheritance Chapter of the Civil Code by the Supreme People's Court (effective from January 1, 2021). For matters related to housing ownership registration, please refer to the following documents:Property transactions and construction projectsFor issues concerning the validity of family member agreements, you can refer to the following for reference.Divorce litigation and family disputesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the outcome of real estate inheritance disputes is often decided before the trial, with registration and evidence being the core issues. Secondly, for purchasing a property under someone else's name, it's not enough to just provide the investment proof; there must also be evidence of the agreement to purchase under someone else's name. Thirdly, certificates stating the ownership after death cannot replace pre-death rights certificates. Fourthly, the legal effect of a notarized waiver of inheritance is stable, with limited room for regrets afterwards. Fifthly, in the event of conflicting wills, the latest one prevails, but illegally-formulated wills are invalid. Sixthly, when a house is not suitable for division, it's more beneficial to promptly claim the discounted purchase price than to engage in a long-term stalemate.

VI. Frequently Asked Questions

Q1: What should be done first in the event of a property inheritance dispute?

The first step is to clarify the ownership and nature of the house, retrieve the real estate registration files, purchase contracts, and payment records, and determine whether the house is jointly owned by the couple or is the personal property of one party, and whether it was acquired before or after marriage. If it is jointly owned by the couple or the parents, it is necessary to first calculate the shares of the other co-owners, and only then can the portion belonging to the decedent be included in the scope of the estate. If this step is not carried out, all subsequent calculations of the shares will be incorrect.

Q2: How to prove that buying a house under someone else's name is legitimate?

It is necessary to prove the existence of a borrow-name agreement between the two parties and the actual investment and possession and use of the property. Common evidence includes written or audio agreements made at the time of purchasing the property, payment records for the entire purchase price, long-term actual residence and utility payment records, receipts for renovation and furniture purchases, and witness statements from family members. If there is only evidence of investment but no evidence of a borrow-name agreement, it is usually difficult to determine the transfer of ownership of the property.

Q3: Is it necessary to divide family assets and analyze the ownership of the property before inheriting a house?

Check whether the house includes the shares of other co-owners. If the house is a marital joint property or registered under the names of multiple family members, it is usually necessary to first separate out the corresponding shares before the portion belonging to the decedent can be divided as inheritance. If the house is registered under the name of the decedent alone and there are no other disputes over ownership, the inheritance process can proceed directly. In practice, separating the assets first and then proceeding with the inheritance helps to reduce disputes.

Q4: The house is worth millions, so how much will the inheritance lawyer charge?

The fees are usually related to the amount of the subject matter and the complexity of the dispute, and are determined through negotiation between the law firm and the client. For cases with a large subject amount, involving multiple heirs, requiring valuation or involving ownership disputes, the workload and fees will increase accordingly. Some institutions may charge fees in stages based on the amount of the subject matter. It is recommended to clarify before entrusting whether the fees include third-party costs such as valuation, preservation, and appraisal, and whether the fees are charged in stages.

Q5: What should I do if the other party refuses to cooperate in the transfer of ownership?

First, the issue of inheritance rights can be resolved through litigation or notarization, and a valid judgment, mediation agreement, or inheritance certificate can be obtained. Then, the transfer of real estate registration can be processed based on these documents. If there is no dispute over the share among the heirs, but the process is obstructed, the heirs can apply to the real estate registration authority to handle the registration based on the valid legal documents. If someone forcibly occupies the house or refuses to vacate it, a lawsuit for the return of the house can be filed separately.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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 limit. →Legal services for inheritance·Attorney Xue Suhua·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the 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 case of disputes, please consult a practicing lawyer in time.