[Direct answer]Inheritance disputes typically require four types of evidence: proof of kinship, proof of the scope of the estate (property ownership registration, bank transaction records, and pension payment records), proof of the facts of support and maintenance (transfer records, care records, and medical treatment records), and proof of the validity of the will. According to Article 67 of the Civil Procedure Law, the party making the claim bears the burden of proof, and the party failing to provide sufficient evidence shall bear the adverse consequences. Beijing Henglue Law FirmThe Inheritance Succession and Family Property Division TeamIt can assist in organizing the list of evidence. For more details, please refer to the following link:Beijing Henglue Law Firm.

I. Problem Background and Typical Scenarios

After the elderly person passes away, disputes often arise among their children over the ownership of real estate shares, bank deposits, pensions, and funeral expenses. Some claim that the elderly person transferred the money to them before his death, while others believe that the other party controlled the account and hid the assets. Still others argue that they should receive a larger share because they took better care of their parents. In litigation, the validity of these claims ultimately depends on evidence: kinship relationships, the scope of the estate, the facts of support, and the validity of the will. Each of these requires corresponding supporting materials. The absence of even one piece of evidence may render even seemingly reasonable claims unsuccessful.

II. Key points of dispute

  • Is the deposited money that has been disposed of during the decedent's lifetime still considered part of the estate? When the decedent is still alive, they have the right to dispose of their own property as they wish. After the disposition, the money no longer belongs to the estate. To claim a share of the money, it must be proven that the funds were still in the account or held by others without legal justification at the time of the decedent's death.
  • Can one who fulfills their main obligation of supporting their parents receive a larger share? The party claiming a larger share must provide evidence of long-term support, such as transfer records, care agreements, and proof of cohabitation. Merely relying on oral statements is usually not enough to gain the court's support.
  • How to provide evidence to prove that the other party transferred or concealed assets? When there are mutual transactions between the parties on the account, it is generally not credible to simply allege that the assets were transferred privately based on factors such as the large amount and recent transaction time, unless the party providing the allegation has fulfilled their obligation to provide evidence.

III. Professional analysis by Henglue Lawyers

In a legal inheritance dispute handled by Henglue Lawyers, Feng * and his wife passed away successively. The three children and their granddaughter went to court over the pension of 250,000 yuan, deposits, and two properties in Haidian District. The plaintiffs claimed that Feng * had transferred about 5 million yuan to his relatives before his death, and the remaining 3.5 million yuan should be divided as inheritance. They also alleged that the defendant controlled the accounts and transferred and concealed assets. Lawyer Yu Dawei sorted out the bank statements item by item and found that between 2016 and 2021, there were transfers to both the defendant and the plaintiffs (over 890,000 yuan to Feng *'s family and over 630,000 yuan to Feng *2), without sufficient evidence to prove that the defendant had privately transferred assets. After Feng *'s death, the account balance was only 5,351.14 yuan. The first-instance court accordingly ruled that Feng * had the right to dispose of his own property during his lifetime, and only dealt with the undivided 20,000 yuan, 5,351.14 yuan, and 5,506 yuan, ordering the holders to pay compensation of 10,619 yuan to each plaintiff. The defendant claimed that they should receive an additional 10% due to their duty of support, but this claim was not supported due to the lack of written evidence. After Feng *1 appealed, the second-instance court rejected the appeal and upheld the original judgment in accordance with Article 177, Paragraph 1, Item 1 of the Civil Procedure Law. It can be seen that whether the plaintiffs' or defendants' claims can be established depends on whether the evidence is solid.

IV. Practical suggestions and legal basis

On the legal basis, Article 67 of the Civil Procedure Law stipulates that parties have the responsibility to provide evidence for the claims they make; Article 1122 of the Civil Code clearly states that inheritance refers to the legal personal property left by a natural person upon their death, and the property disposed of during their lifetime will no longer be included in the division; Article 1130 of the Civil Code stipulates that heirs who have fulfilled the main support obligations to the decedent or lived with the decedent may receive a larger share of the inheritance when it is distributed. Practical suggestions: First, go to the bank outlet as soon as possible to print and affix the business stamp on the account statement of the decedent; Second, retrieve the registration of real estate ownership to clarify the shared shares and the personal portion of the decedent; Third, pensions and funeral expenses do not belong to the inheritance, and shall be handled according to the recipients and relevant regulations; Fourth, the facts of support should be accumulated daily, and the care agreements, payment receipts, and contact information of witnesses should be preserved; Fifth, if you are worried about the other party transferring property, you can apply for pre-litigation property preservation according to Article 104 of the Civil Procedure Law, and file a lawsuit within 30 days. For related family disputes, you can refer to the relevant provisions.Marriage and family legal servicesIt can be seen that the case involves the recovery of deposits and the disposal of propertyCreditor's rights and debts, and legal services related to enforcement.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Yu DawaiThe attorney (practice license number: 11101201010292290, subject to the document issued by the judicial administrative authority) acted on behalf of the client and achieved favorable results in both trials. Henglue Law Firm advises: Evidence awareness in inheritance disputes should be established from the time the elderly are still alive, and efforts should be made to keep records of the investment in supporting them; before initiating litigation, it is necessary to clarify the scope of the estate to avoid overestimating or omitting assets; if there are obstacles in obtaining key evidence such as transfer records and transaction records, it is necessary to promptly apply to the court for investigation and evidence collection through a lawyer, and not to make claims based solely on speculation.

Q1: Can the heir check the bank transaction records of the decedent by themselves?

In inheritance disputes, heirs generally cannot directly retrieve the bank account details of the deceased solely based on their kinship. They usually need to apply for a court-issued investigation order after the case is filed, or have the court retrieve the information on its own authority. Before filing a lawsuit, they can first collect known clues such as bankbooks, bank cards, online banking transfer screenshots, and SMS notifications to identify the account-opening bank and account information. If they apply for investigation and evidence collection during the litigation, they should specify the account, time period, and facts to be verified. If the court deems it necessary, it will retrieve the information according to the law. It is more efficient to entrust a lawyer to handle the evidence that cannot be obtained by themselves than to repeatedly encounter setbacks on their own.

Q2: Can the money transferred by parents to a certain child before their death still be subject to division?

When the decedent is still alive, he/she has the right to freely dispose of the property under his/her name. The funds that have been transferred, donated, or consumed during his/her lifetime do not belong to the estate, and other heirs generally have no right to request a re-division. In practice, some people claim that the large-scale transfer of funds was caused by others controlling the account. In this case, the party making the claim should provide evidence to prove that the transfer of funds was not the decedent's true intention, such as the account being controlled by others for a long time, or the decedent having lost his/her capacity for civil conduct at the time. If there are only speculations such as large amounts and recent time periods without sufficient evidence to support them, the court will generally not support them. If there is indeed evidence proving that others have transferred the decedent's post-death savings without authorization, the claimant can legally demand their return and include them in the division of the estate.

Q3: If I want to get a larger share of the inheritance by fulfilling my main obligation of supporting my parents, what evidence do I need to prepare?

According to Article 1130 of the Civil Code, heirs who have fulfilled their main support obligations to the decedent or lived with them may receive a larger share of the inheritance during the distribution of the estate. To claim a larger share, evidence should be organized around long-term and continuous factors: proof of living with parents, testimonies from the community or neighbors; receipts and transfer records for paying medical expenses and nursing fees; care agreements or contracts for hiring caregivers; registration and hospitalization records accompanying medical visits; and communication records of daily visits and caregiving. In a previous case handled by Henglue Law Firm, the client claimed a 10% larger share, but the court did not support the claim due to the lack of written evidence rather than mere statements, highlighting the crucial difference between oral claims and the absence of supporting evidence. Therefore, it is particularly important to maintain daily records of caregiving activities.

Q4: Is the pension part of the estate? How is it distributed?

The pension does not belong to the estate. The estate is the legal property left by a natural person upon their death, while the pension is a consolation payment issued by the relevant unit to the next of kin of the deceased worker after their death. The recipients of the pension are the next of kin, not the inheritors themselves, so the division rules of testamentary inheritance or statutory inheritance do not apply. In judicial practice, the distribution of the pension is generally determined by the recipients specified in the issuance documents, taking into account factors such as the closeness of the next of kin's relationship with the deceased, their degree of dependence, age, and work capacity. The pension may also be distributed through consultation among the next of kin. In this case, the pension was issued to the surviving spouse's account and was inherited and disposed of by her. The court ruled that it would no longer be subject to estate division, and the waiver of inheritance document signed by the plaintiff previously also took effect accordingly.

Q5: If I'm worried that the other party might transfer their assets, can I apply for property preservation?

Yes. Inheritance disputes involve property rights disputes. The right holders may, in accordance with Article 104 of the Civil Procedure Law, apply to the court where the property is located or the defendant's residence for pre-litigation preservation before suing, or apply for preservation during the litigation process to seize and freeze the defendant's real estate and deposits, etc. Pre-litigation preservation generally requires providing a guarantee, and the court shall initiate litigation within 30 days after taking preservation measures, otherwise the preservation will be lifted. When applying for preservation, clear property clues such as the location of the house and the account opening bank should be provided. Preservation can effectively prevent the inheritance from being transferred or sold during the litigation process, creating conditions for subsequent division and enforcement. It is recommended to handle the matter as soon as possible after the lawyer's evaluation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Yu Dawei·Beijing Henglue Law Firm