[Direct answer]Lawyers cannot promise specific percentages, but they can clarify the scope of the heirs and the estate, and provide evidence of the support facts, so as to turn the "entitled share" from a vague state into an enforceable judgment figure. The core basis is Article 113 of the Civil Code of the People's Republic of China (effective January 1, 2021): The shares of heirs in the same order are generally equal. Those who fulfill the main support obligations or live with the decedent may receive a larger share, while those who have the ability to support but fail to fulfill their obligations should not receive or receive a smaller share. Article 128 stipulates that if the children die before the decedent, their direct descendants shall inherit in their stead. In addition, the spouse's share of the marital joint property must be first identified, and the pension does not belong to the estate.

I. Legal basis and interpretation of provisions

1. Articles 113 and 128 of the Civil Code of the People's Republic of China (effective January 1, 2021)

Article 113 stipulates the principle of equal inheritance and four adjustment circumstances: Inheritors who have special difficulties in life and lack working capacity should be taken care of; Inheritors who have fulfilled the main duty of supporting the decedent or lived with him/her can receive a larger share; Inheritors who have the ability and conditions to support but fail to fulfill their duty of support shall not receive a share or a smaller share; Inheritors may also agree on unequal shares by consensus. Article 128 stipulates subrogated inheritance and transfer of inheritance. If the decedent's children die before the decedent, the direct descendants of those children shall inherit in their stead. For this issue, these two articles together show that the share is not a fixed value, but the result of "basic equality + factual adjustment". The direction of evidence directly determines the extent of adjustment.

2. Articles 1153 and 1125 of the Civil Code of the People's Republic of China (effective from January 1, 2021)

Article 1153 stipulates that, unless otherwise agreed upon, when dividing the inheritance, half of the jointly owned property of the spouses shall first be allocated to the spouse, and the remaining portion shall then constitute the inheritance of the decedent. This provision is often overlooked, yet it directly affects the total amount of distributable inheritance—for example, deposits, provident funds, and enterprise annuities acquired during the marriage must first be allocated to the spouse in the proportion of one-half. Article 1125 specifies the statutory circumstances under which the right of inheritance is forfeited, including intentionally killing the decedent, killing other heirs to seize the inheritance, severely abandoning or abusing the decedent, severely forging, altering, concealing, or destroying the will, or using fraudulent or coercive means to prevent the decedent from making or amending a will.

3. Practical judicial interpretation

The court usually handles inheritance disputes in three steps: First, confirm the scope of heirs and review whether there is subrogated inheritance, whether the stepchildren have formed a support relationship, and whether anyone has waived inheritance; Second, define the scope of the estate, excluding non-estate funds such as pensions and death compensation, and firstly allocate the spouse's share; Third, determine the share, considering factors such as the length of cohabitation, nursing and investment certificates to determine whether to adjust the share. Common evidence that is supported includes household registration materials and medical care records showing long-term cohabitation; common evidence that is not supported includes claims of "continuous care" based solely on relatives' testimonies. In addition, property that the decedent has legally disposed of before death no longer belongs to the estate, and claims for division are often difficult to gain support.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:The decedent, Zhao Shan, and his wife, Wang Fen, had two children, Zhao Xiaolei and Zhao Yingping. Wang Fen died in 1998, and Zhao Shan died on January 26, 2020. Both of their parents died before them. Zhao Xiaolei died on December 23, 2019, leaving only a daughter, Yu Jianan. Zhao Shan had been living with his daughter, Zhao Yingping, and left behind a house at No. 106 in Jilin City, Jilin Province. Zhao Yingping once signed a "Property Division Agreement" with Yu Jianan, stipulating that all the property would be inherited by her. However, the agreement was later deemed invalid by a court judgment. Yu Jianan has now entrusted the Beijing Henglu Law Firm to handle the case on his behalf.Qiu JuanThe lawyer filed a lawsuit requesting the division of the house.

The focus of the controversy:First, Zhao Xiaolei died before Zhao Shan, so could Yu Jianan inherit the estate in his stead? Second, after the Inheritance Division Agreement was deemed invalid, could Yu Jianan's rights still be excluded? Third, since Zhao Yingping had lived with the decedent for a long time, could she receive a larger share of the inheritance as appropriate?

Our position and that of the other party are as follows:The plaintiff claims to divide the No. 106 house according to the statutory inheritance; the defendant claims that he/she inherits all the house according to the agreement, and the plaintiff has waived his/her right to inheritance. Moreover, the defendant raises objections to the plaintiff's guardianship and marital status.

Attorney's Strategy and Legal Opinion:Qiu JuanThe lawyer explained to the client that since Zhao Shan did not leave a will, the inheritance should be handled in accordance with the statutory succession provisions of the Civil Code of the People's Republic of China; since Zhao Xiaolei died before Zhao Shan, Yu Jianan, as a junior direct blood relative, has the right to subrogate the inheritance according to Article 1128 of the Civil Code and is entitled to a share of the inheritance; the "Inheritance Division Agreement" has been declared invalid by the effective judgment and has no legal effect from the beginning. Moreover, at the time of signing the agreement, Yu Jianan was still a minor, so the defendant's defense cannot be established. The lawyer also reminded the client that the fact that the decedent lived with Zhao Yingping before his death objectively exists. The court may adjust the inheritance proportion accordingly, so the client should set reasonable expectations rationally.

The court's reasoning and case handling results:The court adopted the lawyer's opinion and determined that Zhao Shan's first-order heirs are Yu Jianan and Zhao Yingping, and House No. 106 will be divided according to law. Given that Zhao Shan had been living with Zhao Yingping and being cared for by her until his death, the court decided that Zhao Yingping would receive a 60% share and Yu Jianan a 40% share, and the house would be jointly inherited by the two of them. They should assist each other in completing the change of registration within ten days, and each should bear their own expenses.

This case is handled by Beijing Henglu Law Firm.Qiu JuanThe lawyer (practice certificate number: 11101201811026953, subject to the certificate issued by the judicial administrative organ) acts as the agent.Yu DaweiAttorney (Practice Certificate No.: 11101201010292290),Xiong BinrongThe lawyer (practice license number: 11101202211410897) also handles various cases involving disputes over inheritance shares.

III. Frequently Asked Questions

Q1: How are the statutory inheritance shares usually divided?

According to Article 113 of the Civil Code of the People's Republic of China, the shares of inheritance of the same order of heirs shall generally be equal; heirs who have fulfilled the main duty of supporting the decedent or lived with him/her may receive a larger share of the inheritance when it is distributed; and heirs who have the ability and conditions to support but fail to fulfill their duty of support shall not receive or receive a smaller share of the inheritance. In addition, Article 128 stipulates that if the decedent's children die before the decedent, their direct descendants shall succeed to the inheritance in their stead, and the share of inheritance shall generally be equal to the share that the child would have received.

Q2: How much more can I get if I fulfill my main obligation of supporting my parents?

The law does not stipulate a fixed ratio. The court will make a judgment based on the duration of support, financial contributions, and living conditions together. In practice, adjustments of 10% to 20% are common, and the proportion is higher in cases where the caregiving is more extensive and the evidence is sufficient. The key lies in the evidence: household registration and residence certificates showing long-term cohabitation, medical care records, care and transfer receipts, and testimonies from neighbors and the community can all support claims for a higher share. However, it's usually difficult to gain support if there are only oral statements but no objective evidence.

Q3: Is the pension considered part of the estate?

No. Pension is a sum of money provided by relevant units to the next of kin of the deceased after their death, which serves to provide spiritual comfort and economic compensation. It arises after the death and does not belong to the legal personal property left by the deceased at the time of death, so it is not subject to inheritance division. When distributing it, the first-order heirs generally determine it through consultation. If no agreement can be reached, the court may handle it according to the degree of close living together with the deceased and the degree of economic dependence. In practice, a common misunderstanding is to directly include the pension in the inheritance division list.

Q4: What should the heir do if he/she conceals and transfers the property?

It can be claimed for a smaller share or recovered through litigation in accordance with the law. According to Article 1125 of the Civil Code of the People's Republic of China, if an heir conceals, embezzles, or seizes the inheritance, the inheritance share that he/she should inherit may be reduced accordingly; if an heir abandons the decedent, forges or alters the will, or commits other serious acts, he/she shall lose the right of inheritance; if the heir truly shows repentance and the decedent forgives him/her, the heir's loss of the right of inheritance may not be confirmed. In terms of evidence collection, it is necessary to apply for retrieving bank transaction records, real estate registration information, and the whereabouts of funds as soon as possible.

Q5: What evidence materials should be prepared for inheritance disputes?

The core includes three categories: First, materials related to identity and kinship, such as household registration books, marriage certificates, birth certificates, and certificates of being an only child; Second, materials related to the scope of inheritance, such as real estate ownership certificates, deposit slips, equity certificates, vehicle registration information, and information on provident fund and social security accounts; Third, materials related to the distribution of assets, such as receipts for support payments, records of joint residence and care, and the testament or letters of the decedent. If necessary, the court can be requested to investigate and collect evidence, and lawyers can also apply for investigation orders to retrieve bank transaction records.

IV. Suggestions for Protecting Your Rights

  • After the decedent's death, it is necessary to secure evidence as soon as possible, and immediately copy or take photos to preserve the original will, property ownership certificates, and bank account information, in order to prevent the materials from being controlled by a single party.
  • The heirs who claim a larger share of the inheritance should prepare in advance the receipts related to their cohabitation, medical care, and daily expenses, in order to form a continuous chain of evidence over time.
  • When checking the inheritance list, first remove non-heritage funds such as pensions and death compensation, and confirm whether the marital joint property has been divided into half for the spouse.
  • If you discover that someone is transferring deposits or transferring real estate, apply for pre-litigation property preservation in time and keep records of objections and negotiations.
  • It is advisable to first attempt to resolve family disputes through negotiation. If negotiation fails, the parties may request mediation in accordance with Article 1132 of the Civil Code of the People's Republic of China, and then proceed with litigation if necessary.

If you are currently facing issues such as disputes over inheritance shares or difficulties in defining the scope of the estate, it is recommended that you consult a professional lawyer as soon as possible, bringing along proof of family relationships, property certificates, and will materials. This will help avoid the estate being transferred or missing the deadline for litigation.Inheritance | Legal Services for Division of Family Property·Attorney Qiu Juan·Beijing Henglu Law Firm