[Direct answer]In the Beijing area, inheritance legal services are very suitable for elderly people to plan in advance, which can effectively avoid disputes over inheritance among children, unclear shares, and disputes over the validity of wills. According to Article 1123 of the Civil Code of the People's Republic of China (effective January 1, 2021), after the inheritance begins, it shall be handled in accordance with the statutory inheritance; where there is a will, it shall be handled in accordance with the inheritance or bequest according to the will; where there is a bequest and support agreement, it shall be handled in accordance with the agreement; Article 1133 clearly stipulates that natural persons may dispose of their personal property by making a will. By making advance arrangements through wills and bequest and support agreements, the elderly can not only reflect their true wishes, but also reduce family conflicts. Relevant planning can be referred to for reference.Inheritance and division of estateColumn.

1. Problem background and typical scenarios

Such needs are commonly found in several situations: First, multi-child families are concerned about disputes arising from the distribution of property and savings after their death; Second, complex relationships such as remarriage and subrogated inheritance make it difficult to clarify the subject of inheritance; Third, parents have made wills but the form is not standard, and they are worried about the validity being questioned; Fourth, they want to give more to the children who have fulfilled their main duty of supporting their parents, and less to those who have not fulfilled their duty; Fifth, if the decedent has debts or disposed of some of his property during his lifetime, it is necessary to clarify the scope of the estate. When handling such matters, it is usually necessary to first sort out the scope of the heirs and the list of the estate, and then design a will or agreement. For matters involving the overall arrangement of family wealth, reference can be made to the following:Special services and other casesColumn.

II. Key points of contention

Focus One: The scope and order of heirs, including spouses, children, parents, and substitute heirs. Focus Two: The form and validity of wills, with different requirements for self-written, proxy-written, printed, audio/video recorded, and notarized wills. Focus Three: Whether property disposed of during the lifetime still belongs to the estate, and whether gifts or transfers can be redistributed. Focus Four: Whether contributions to support the elderly can lead to a larger share of the estate. Focus Five: The settlement of estate debts and the division of marital joint property. Focus Six: The priority relationship between bequest support agreements and wills. The specific determinations shall be based on the currently effective laws, regulations, and judicial rulings. For related contract and creditor disputes, please refer to the relevant provisions.Business and contract disputes in enterprisesColumn.

III. Professional analysis by Henglue Law Firm

Take the statutory inheritance dispute represented by Attorney Yu Daywei of our firm as an example, we can observe the confrontation and defense of evidence and subject qualifications in multi-child inheritance. After the death of the decedents, Feng * and Zhou *, their eldest son Feng *1, second son Feng *2, daughter Feng *3, and granddaughter Liu * had conflicts over the distribution of the estate, which included Zhou *'s 250,000 yuan pension, Feng *'s deposits (which the plaintiffs claimed were about 3.5 million yuan), and two properties in Haidian District. The plaintiffs claimed that Feng *3 and Liu * transferred and concealed property by controlling accounts and demanded a one-third share of the estate. Attorney Yu Daywei represented the defendants, arguing that Feng * had already disposed of most of his deposits and transferred some to his children before his death, so the plaintiffs had no right to demand a share of the disposed assets; Feng *3 should receive an additional 10% share for fulfilling her main duty of supporting the elderly; and Liu * was not an inheritor and was not a qualified subject. After the first-instance court's judgment, Feng *1 appealed, but the second-instance court rejected the appeal and upheld the original judgment, with both parties winning the case. This case shows that the success or failure of inheritance disputes depends on the definition of the scope of the estate and the provision of evidence for support; the case was handled by Beijing Henglu Law Firm.Yu DaweiThe 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: First, make a standardized will in advance, clarify the scope of the estate and the distribution plan, and the relevant arrangements can be referred to for reference.Special services and other casesFirst, clarify the list of heirs and the situation of the deceased's support, and preserve evidence for those who fulfill their main obligations. Second, distinguish between disposed property and inheritance to avoid overlapping claims. Third, for real estate and large-sum deposits, consider notarizing the will or having a lawyer witness it to reduce disputes over its validity. Fourth, clarify the joint marital property, first calculating the spouse's share and then inheriting it. In terms of legal basis, Articles 1123, 1127, 1130, and 1133 of the Civil Code of the People's Republic of China respectively stipulate the methods of inheritance, the scope of heirs, the principle of giving more to those who deserve it, and the freedom of making a will.

5. Henglue Law Firm's Reminder

Risk Warning: Firstly, an irregularly drafted will is highly likely to be deemed invalid. A handwritten will must be written in one's own handwriting, signed, and dated with the year and month; Secondly, property that has been gifted or transferred during one's lifetime is no longer part of the estate and cannot be divided again; Thirdly, the court may award a larger share to those who have fulfilled their main obligations of supporting their parents; Fourthly, there is a statute of limitations for inheritance disputes, and delaying the process may result in losing the right to claim. For matters involving inheritance and the transfer of family wealth, you may wish to refer to the relevant provisions.Inheritance and division of estateThe column. It is recommended that elderly people entrust professional lawyers to make plans as soon as possible to avoid disputes after their death.

VI. Frequently Asked Questions

Q1: Is it necessary for the elderly to make inheritance plans?

It's very necessary. Arranging property in advance through a will or a gift maintenance agreement can not only accurately reflect one's wishes, but also significantly reduce the risk of children disputing over inheritance, unclear shareholdings, and disputes over the validity of the will. Especially in complex families such as those with multiple children, remarriage, and subrogated succession, planning can clarify the scope of heirs and the distribution ratio, thereby reducing post-death disputes.

Q2: What can a inheritance succession lawyer assist with?

A lawyer can assist in sorting out the scope of heirs and the list of inheritance, designing self-written, proxy-written, printed or notarized will schemes, reviewing the formal requirements of the will to avoid invalidity, providing evidence of support contributions and disposed assets, representing in inheritance litigation and claiming a larger share as appropriate or refuting the unqualified subject. If it involves the transfer of real estate and debt repayment, these matters can also be handled concurrently.

Q3: How much does it cost to hire a lawyer for inheritance matters?

The fees include attorney's fees and possible litigation costs. The attorney's fees are negotiated based on the value of the estate, the complexity of the case, and the workload; inheritance litigation is charged according to the standard for property cases, with the subject matter based on the value of the disputed estate. The specific amount is evaluated based on the value of the property, the number of heirs, and whether an appeal is filed. It is recommended to first make a preliminary judgment on the scope of the estate before determining the plan.

Q4: How long do inheritance disputes usually last?

The first-instance ordinary procedure generally takes no more than six months, but it may take longer if it involves property appraisal, disputes over the legal status of the parties, or appeals. The second-instance procedure takes about three months. Mediation to settle the case may be faster. The key is to clarify the scope of the estate and the evidence of support as soon as possible to avoid being passive in providing evidence due to exceeding the time limit for exercising rights.

Q5: How can a will be validly established?

According to the Civil Code, a handwritten will must be written, signed, and dated by the testator in their own handwriting; a will written by a proxy, printed, or recorded on audio or video requires the presence of at least two witnesses; and a notarized will is no longer given priority, but it is still legally binding. The content of the will must be legal and the expression of intent must be genuine. For reference, please see the following materials:Beijing Henglue Law FirmFor similar cases on the official website, it is recommended to entrust a lawyer to witness or notarize the transaction to avoid formal defects.

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

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Inheritance legal services·Attorney Yu Dawei·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. If you encounter disputes, please consult a practicing lawyer in time.