[Direct answer]Yes. The core role of an inheritance lawyer is to clarify the scope of the estate, determine the qualifications of the heirs, fix the evidence of support and strive for a larger share of the estate according to law. According to Article 1127 of the Civil Code, spouses, children, and parents are the first-order heirs; Article 1130 clearly states that heirs who have fulfilled the main obligations of support to the decedent or lived with the decedent may receive a larger share of the estate when the estate is distributed; those who have the ability and conditions to provide support but fail to fulfill their obligations should not receive a share or receive a smaller share. Whether they can receive a larger share depends on whether the evidence such as nursing records, transfer receipts, and proof of cohabitation is solid. It is advisable to assert your rights as early as possible before the division of the estate to avoid the transfer or disposal of the property. Beijing Henglue Law FirmThe inheritance succession teamYou can evaluate the potential of the case, for more details, please refer to the following link:Beijing Henglue Law Firm.

I. Legal basis and interpretation of provisions

1. Article 1127 of the Civil Code of the People's Republic of China (effective from January 1, 2021)

Legal inheritance is arranged according to the proximity of relatives: the first order is spouses, children, and parents; the second order is siblings, grandparents, and grandparents-in-law. After the inheritance begins, the first-order heirs inherit, and the second-order heirs do not inherit. Children include children born in wedlock, children born out of wedlock, adopted children, and stepchildren with whom there is a supporting relationship; if the children die before the decedent, their younger direct blood relatives may inherit by subrogation in accordance with Article 1128 of the Civil Code. Clarifying the scope of heirs is the first step in claiming a share, and omitting or incorrectly listing the subjects will affect the process and outcome.

2. Article 113 of the Civil Code of the People's Republic of China (effective as of January 1, 2021)

In general, the shares of heirs in the same order should be equal, but there are four types of adjustment mechanisms: Heirs who have special difficulties in living and lack the ability to work should be taken care of; Heirs who have fulfilled the main obligations of supporting the decedent or lived with the decedent can receive a larger share; Heirs who have the ability and conditions to support but fail to fulfill their obligations should not receive a share or a smaller share; and heirs may also agree on an unequal division by negotiation. "Can receive a larger share" is the most common opportunity that parties strive for, but it must be proven by evidence that the support is continuous, exclusive, and actually provided. Making unsubstantiated claims is unlikely to be effective.

3. The interpretation of the practical cases by the arbitrators

The court determined that "fulfilling the main obligation of support" emphasizes long-term, continuous, and irreplaceable efforts: records of living with the elderly, daily care, medical accompaniment, and financial support will be comprehensively evaluated; those who only visit occasionally or appear on holidays will generally be treated equally. For those who claim that others have "transferred the inheritance", the court first examines whether the decedent personally disposed of the property and whether the fund transactions were two-way. It cannot presume embezzlement solely based on unilateral transfers. For oral claims for a larger share without written and financial evidence, they are usually not supported.

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

Review of the case:The deceased, 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 disputed assets include Zhou *'s 250,000 yuan pension, Feng *'s bank deposits (the plaintiffs claimed that the approximately 3.5 million yuan remaining after Feng * transferred money to Liu * and Feng *2 should be considered as inheritance), and two properties in Haidian District. Feng *1, Feng *2 believed that Feng *3 and Liu * controlled the transfer of accounts and concealed assets, so they sued the court and demanded that each of them receive one-third of the inheritance. The defendant party appointed Beijing Henglu Law Firm as their legal representative.Yu DawaiThe lawyer appeared in court to defend the defendant.

The focus of the controversy:First, whether the funds transferred by Feng * to his children before his death still belong to the estate; Second, whether Feng *'s claim that he should receive a larger share because he fulfilled his main duty of supporting his parents is valid; Third, whether Liu * is not an heir and the defendant is not a suitable party to the lawsuit.

Our position and the position of the other party are as follows:The plaintiff requests that Feng *3 and Liu * jointly pay one-third of the bank deposits each and bear the litigation fees; the defendant claims that others have no right to interfere with the property disposed of by Feng * before his death, and Feng *3 should get more shares because he fulfilled his main duty of supporting the two elderly people, while Liu * is not an heir and is not a qualified subject of the litigation.

Attorney's Strategy and Legal Opinion:Attorney Yu Dawai responded to each point: Firstly, Feng * had already disposed of most of his savings before his death, with some transferred to Feng *3 and Liu *'s names. He also transferred over 890,000 yuan to Feng *1's family and 630,000 yuan to Feng *2. After Feng *'s death, there was only 5,351.14 yuan left in the account, and he agreed to divide the money equally among the three of them. Secondly, Zhou *'s pension had already been inherited by Feng * and disposed of during his lifetime. The plaintiff had signed a document waiving his right to inheritance. Thirdly, Liu * was not an heir and was not a suitable defendant in the legal inheritance dispute. At the same time, he submitted evidence showing that Feng *3 had long been taking care of his parents and the distribution plan for House 201.

The court's reasoning and case handling results:The first-instance court ruled that Feng * had the right to dispose of the property under his name independently. The account contained funds transferred to Liu * as well as funds transferred to other heirs. There was no sufficient evidence to prove that Feng *3 and Liu * privately transferred the funds. The pension had been inherited and disposed of by Feng *. The 20% share of Feng * in House 201 was dealt with in accordance with the statutory inheritance. Feng *3's claim for additional compensation was not supported due to insufficient evidence. It was confirmed that there were still undivided deposits, and the court ordered the holder to pay compensation of 10,619 yuan to Feng *1 and Feng *2 each. Feng *1 appealed, demanding a retrial to divide the pension and the 1.16 million yuan deposit. The second-instance court rejected the appeal and maintained the original judgment in accordance with Article 177, Paragraph 1, Item 1 of the Civil Procedure Law of the People's Republic of China. Both parties won the appeal in the two trials.

This case is handled by Beijing Henglu Law Firm.Yu DaweiAttorney (practice certificate number: 11101201010292290, subject to the certificate issued by the judicial administrative organ) acting as the agent.

III. Frequently Asked Questions

Q1: How much more can I get if I fulfill my main obligation to support my parents?

There is no fixed ratio in the law. The court will determine it based on the intensity of support in accordance with Article 113 of the Civil Code. In practice, the proportion of inheritance is usually appropriately tilted on the basis of equal shares, and the tilt is more obvious in cases where the elderly have been cared for independently and lived with them for decades. Whether more inheritance can be allocated depends entirely on the evidence: care records, proof of cohabitation, medical payment receipts, neighborhood testimonies, and the elderly's pre-death arrangements must be systematic. Claims that are scattered or vague are generally not accepted.

Q2: Can the money that parents transferred to individual children before their death still be divided among the siblings?

Generally, this is not possible. During the lifetime of the decedent, he/she has the right to dispose of his/her own property. Gifts made during his/her lifetime and transfers completed before his/her death do not belong to the estate, and other heirs have no right to demand their return. Unless it can be proven that the decedent lacked the corresponding capacity for action at the time of the transfer, was subject to fraud or coercion, or that the funds were nominally held in custody or on behalf of others, it will be difficult to obtain support for claims to divide the disposed property. If there are suspicions that the account is being controlled, it is necessary to apply for retrieving the transaction records as soon as possible to verify whether the funds were indeed operated by the decedent himself/herself.

Q3: Is the pension considered part of the estate?

The pension is not an inheritance. It is a consolation fee given to the deceased's close relatives, and it does not involve inheritance. However, in practice, it is usually distributed among close relatives according to the principles of statutory inheritance, taking into account their shared living and the degree of dependency. In this case, the pension has already been inherited and disposed of by the surviving spouse. If other children want to claim it, they need to check whether there are waiver documents and evidence. If the pension has not been claimed yet, it is recommended that close relatives first negotiate a distribution plan to avoid account freezing and litigation costs.

Q4: How much does it cost and how long does it take to resolve an inheritance dispute?

The court acceptance fee for a case is calculated progressively according to the proportion of the disputed subject matter. The higher the subject matter is, the higher the fee will be. For cases settled through mediation or withdrawn, the fee can be reduced by half. The attorney's fee is determined through negotiation on a per-case basis or according to the proportion of the subject matter. In terms of procedure, the ordinary procedure for first-instance cases generally takes six months to conclude, and the summary procedure takes three months. If there is an appeal, the time will be extended by three to four months. For inheritance disputes, a three-year statute of limitations applies, starting from the date when the inheritor knows or should have known that his rights have been infringed. Delaying action may result in the loss of the inheritance share.

Q5: How to inherit a property without a will?

First, check whether there is a legacy maintenance agreement and a will. If neither exists, the inheritance shall be handled in accordance with the law: the first-order heirs, such as spouses, children, and parents, may negotiate the division of the estate, which can be done through physical division, compensation in cash, or joint ownership. If the children die before the decedent, their younger direct blood relatives shall succeed them in the inheritance. If no agreement can be reached, a lawsuit shall be filed with the court where the property is located. Before filing the lawsuit, it is necessary to clarify the status of the property registration and the shares of the co-owners to avoid omitting any parties and causing the legal process to be futile.

IV. Suggestions for Protecting Rights and Interests

  • First, make an inventory of the property list to identify potential disputes: list and verify the ownership registration of real estate, deposits, pensions, and creditor's rights separately.
  • For those who claim a larger share, it is advisable to secure care agreements, transfer records, and other supporting evidence of cohabitation as early as possible.
  • The property that the deceased disposed of during his lifetime does not belong to the estate. Don't waste your energy on money that can't be recovered.
  • The three-year statute of limitations starts from the moment you become aware that your rights have been infringed, to avoid delays leading to the loss of your share in the dispute.
  • When there are many heirs or when subrogated succession is involved, it is necessary to first confirm the list of parties involved before filing a lawsuit, in order to avoid procedural repetition.

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. →Legal services for inheritance·Attorney Yu Wei·Beijing Henglue Law Firm