[Direct answer]In the Beijing area, when choosing a law firm to handle inheritance legal services, it is recommended to evaluate based on five criteria. First, professional specialization. Inheritance cases involve multiple issues such as statutory inheritance and testamentary inheritance, property ownership of real estate, buying property under another's name, multiple shares of alimony and estate debts, etc. Teams specializing in family and inheritance matters are usually more familiar with the key points of evidence collection. Second, solution capability. During the consultation, observe whether the lawyer can provide specific evidence collection paths and procedural arrangements based on your property structure, rather than just making general statements. Third, local experience. Real estate inheritance often involves local rules on real estate registration, appraisal, and transfer. Familiarity with the adjudication standards of local courts can help predict the outcome. Fourth, dual-track solutions. Can the lawyer provide two paths of negotiation and mediation and litigation, along with a cost comparison? Fifth, transparent fees. Can the lawyer clearly state the billing method, stages, and cost-sharing arrangements in the contract? According to Articles 1127 and 1130 of the Civil Code of the People's Republic of China (both effective from January 1, 2021), the scope of statutory heirs and the distribution principles constitute the basic framework for judgment.\nInheritance of property and division of family assetsYou can view the service scope description in the column.

I. Problem Background and Typical Scenarios

There are usually four types of situations in which clients seek legal assistance from law firms: First, after the death of their parents, siblings may have disputes over the distribution of real estate and savings; Second, there are disputes over the content of the will, involving the validity of the will, conflicts between multiple wills, or the performance of conditional clauses; Third, there are disputes with the heirs registered in the name of the deceased over claims of purchasing real estate under someone else's name or actual contributions to the purchase of the property; Fourth, there are cases involving both domestic and overseas assets in the estate, which require cross-regional handling. When handling similar cases in the Beijing area, the court usually first reviews the heirs and the scope of the estate, then checks whether there is a valid will, and finally distributes the assets according to the will or the rules of statutory inheritance, and appropriately awards more shares to the heirs who fulfill their main support obligations. For the transfer and evaluation of real estate, reference can be made to the relevant provisions.Real estate transactions and construction projectsThe description of the column.

II. Key points of dispute

Focus I: Definition of the scope of the estate. Property disposed of by the decedent during his lifetime is generally not part of the estate. Special payments such as pensions are subject to separate provisions regarding their nature and distribution. Focus II: Review of the validity of the will. Different forms of wills (such as self-written, proxy-written, printed, or audio/video recordings) have different legal requirements. Focus III: Handling conflicts between multiple wills. In case of conflicting provisions, the latest will shall prevail. Focus IV: Whether fulfilling primary support obligations entitles to a larger share and how to provide evidence. Focus V: Establishing the validity of claims for buying property under someone else's name requires concurrent evidence of the agreement to use another's name, actual financial contributions, and actual possession and use of the property. Focus VI: Whether it is possible to revoke a notarized waiver of inheritance rights. Focus VII: The order and limits of repayment of estate debts. Specific determinations shall be based on currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Take a legal inheritance dispute represented by Attorney Yu Daiwei of our firm as an example: The decedent, Feng * and Zhou *, were a married couple and had an eldest son, Feng *1, a second son, Feng *2, and a daughter, Feng *3. Liu * is the daughter of Feng *3. Zhou * died in September 2021, and Feng * died in August 2023. The dispute involved Zhou *'s pension of 250,000 yuan, Feng *'s savings (which the plaintiff claimed were approximately 3.5 million yuan), and two properties in Haidian District. Feng *1 and Feng *2 claimed that the inheritance should be divided equally among them, and the defendant's attorney, Yu Daiwei, defended against the claim. The attorney's defense was divided into three aspects: First, Feng * had already disposed of most of his savings during his lifetime, transferring some to Feng *3 and Liu *, and there were also funds transferred to Feng *1 and Feng *2, which were not part of the inheritance; Zhou *'s pension had been inherited by Feng * and disposed of during his lifetime. Second, Feng *3 had long cared for her parents and should legally receive a larger share of the inheritance compared to other heirs, and claimed that the ownership of House 201 should be adjusted accordingly based on her inheritance share. Third, Liu * was not a legal heir and was not qualified to be a defendant in the legal inheritance dispute. The first-instance court adopted the main arguments, ruling that Feng * had the right to dispose of his own property and there was no sufficient evidence to prove the existence of private transfers. Regarding the undivided savings after the death, the court confirmed that there were still 20,000 yuan, 5,351.14 yuan, and 6,506 yuan undivided, and ordered Feng *3 to pay compensation of 10,619 yuan to Feng *1 and Feng *2 each. House 201 was determined to be inherited by Feng *1 at 1/15, Feng *3 at 1/15, and Feng *2 at 13/15. The plaintiffs appealed, but the second-instance court, in accordance with Article 177, Paragraph 1, Item 1 of the Civil Procedure Law of the People's Republic of China, dismissed the appeal and upheld the original judgment. This case shows that the most direct manifestation of professional competence is to transform scattered transfer records and ownership materials into a defense structure that can be accepted by the court. This case was handled by Beijing Henglu Law Firm.Yu DawaiThe attorney (practice certificate number: 11101201010292290, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. When meeting with the lawyer, bring materials proving the family relationship, the death certificate, and property and account documents, so the lawyer can make a specific assessment. 2. Ask the lawyer to explain the list of evidence, including bank transaction records, real estate registration information, and evidence of the support obligation. 3. Distinguish between negotiation and litigation paths. Prioritize mediation or agreement confirmation for resolvable issues to avoid irreparable breakdown of family relationships. 4. For will-related matters, first verify the formal requirements and the date of execution, then assess the need for appraisal. 5. For property-related matters, understand in advance the arrangements for appraisal, transfer of ownership, and tax payments. 6. Sign a written power of attorney contract, clarifying the fee structure, legal stages, and case-related expenses. Legal basis: - Articles 1122, 1123, 1127, 1123, 1124 of the Civil Code of the People's Republic of China (effective January 1, 2021); - Provisions on evidence and second-instance trial of the Civil Procedure Law of the People's Republic of China (amended in 2023, effective January 1, 2024); - Specific operations shall follow the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

First, don't just focus on promotions and scale. The key is whether the solution can address your specific property structure. Second, inheritance cases often involve multiple rounds of procedures, including appraisals, expert evaluations, and second-instance trials. You should understand the fees and timelines in advance. Third, litigation between relatives is often accompanied by other disputes. It's more beneficial to choose a team that can handle all aspects comprehensively. Fourth, pay attention to preserving key evidence and ensuring its timeliness. It's better to fix bank transaction records, original wills, and receipts for alimony payments as soon as possible. Fifth, if a settlement is reached, it's recommended to confirm it with a settlement agreement issued by the court to avoid regrets later.

VI. Frequently Asked Questions

Q1: Is it necessary to hire a lawyer for inheritance disputes?

The law does not mandate it, but inheritance cases often involve professional issues such as the determination of the scope of the estate, the validity of the will, the ownership of real estate, and the distribution of alimony, etc. It is difficult to obtain evidence and apply the law. If there are obvious differences among the heirs, involving multiple properties or disputes over buying property under someone else's name, hiring a professional lawyer is usually more conducive to clarifying the disputes and controlling risks.

Q2: How are the shares of legal inheritance usually divided?

According to Article 113 of the Civil Code of the People's Republic of China, heirs in the same order shall generally be allocated their shares equally; heirs who have special difficulties in life and lack working ability shall be given special consideration; and heirs who have fulfilled their main obligations of supporting the decedent or lived with him/her may receive a larger share in the distribution. The specific proportion shall be determined by the court based on the evidence.

Q3: Can the money that parents transferred to their siblings before their death be reclaimed?

Generally, this is not allowed. During the lifetime of the decedent, they have the right to dispose of their own property in accordance with the law, and the portion that has already been disposed of is usually not part of the estate, and other heirs have no right to demand a division. However, if the transfer of funds occurred after the decedent lost their capacity for civil conduct, or if there were circumstances of forgery or coercion, claims can be made separately, but sufficient evidence is required.

Q4: If there are multiple wills, which one is valid?

According to Article 1142 of the Civil Code of the People's Republic of China, if there are several wills with conflicting contents, the latest will shall prevail; the testator may also revoke or amend the will he/she has made. When making a judgment, it is also necessary to examine whether the formal requirements of each will are legal and whether the contents are true and effective.

Q5: How much does it cost to become a lawyer?

There is no unified standard for fees. They are usually determined through negotiation based on factors such as the value of the disputed property, the complexity of the case, whether evidence evaluation and appraisal are needed, and whether the case involves a second instance. According to Article 12 of the "Measures for the Administration of Lawyer's Service Fees" (implemented on December 1, 2006), risk-based representation is prohibited in inheritance cases. It is recommended to specify the fee charging method and case-handling expenses in a written contract.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication guidelines 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, to avoid missing the statutory time limits.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. In the event of a dispute, please consult a practicing lawyer in time.