[Direct answer]In the Beijing area, real estate inheritance lawyers can handle a wide range of matters: confirming the scope of heirs and their inheritance shares, reviewing the validity of wills, distinguishing between the personal property of the decedent and the joint marital property, claiming a larger share or defending a smaller share, addressing disputes over buying a house under someone else's name and investing in a house, handling the ownership identification of public housing and relocation housing, claiming the restoration of infringed inheritance rights, assisting in obtaining inheritance rights notarization and transfer of ownership, and dividing the proceeds from the sale of the house and rental income. According to Articles 112 and 127 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), inheritance refers to the personal legal property left by a natural person upon their death, and real estate is a typical type of inheritance, which is inherited by the first-order heirs, including the spouse, children, and parents of the decedent. The spouse's share is first allocated before the remaining shares are distributed among the other heirs.

1. Problem background and typical scenarios

After the death of their parents, the houses left behind are often of high value but difficult to liquidate, which is the most prone to disputes. Common situations include: multiple wills with conflicting content in the family; a house with both spouses' joint shares and individual shares; complex ownership sources of housing reform houses, central government-owned houses, and relocation houses; children claiming that they paid for the house themselves but only registered it in their parents' names; and some heirs have already rented, sold, or transferred the houses to others. The parties often want to get their due shares, but they are also worried that if the process is not carried out correctly, they may lose their rights and interests.

II. Key points of contention

First, the source of ownership. When purchasing a house under someone else's name, it is necessary to prove that both parties have reached an agreement on purchasing under someone else's name and have actually contributed funds and occupied and used the property. Simply contributing funds does not necessarily confer ownership. Second, the validity and conflict of wills. If there are several wills with conflicting content, the latest will shall prevail. Printed wills and written wills have strict requirements for the number of witnesses and signing periods, and formal defects are difficult to rectify. Third, calculating the share. If the property belongs to the couple's joint property, first allocate half to the spouse, and then distribute the remaining portion among the heirs. Those who have fulfilled the main duty of supporting the decedent may claim a larger share. Fourth, renunciation and loss of inheritance rights. Renunciation of inheritance must be made in writing before the estate is dealt with. It is generally difficult to gain support if a person who has renounced inheritance later regrets their decision. Fifth, the enforceability of transfer of ownership. If there are co-owners, mortgages, seizures, or one party refuses to cooperate, it is necessary to obtain legal confirmation of ownership through litigation before applying for forced transfer of ownership.

III. Professional analysis by Henglue Lawyers

In an inheritance case we handled, Wang Yuhong claimed that the House No. 601 registered under her father's name was purchased by her using her own funds and in her father's name. She sued her aunt, Wang Sisi, to assist in the transfer of ownership. Wang Sisi appointed Beijing Henglu Law Firm to represent her in the case.Xue SuhuaThe lawyer appeared in court to defend the case. After reviewing the evidence, the lawyer put forward three points: Firstly, Wang Yuhong failed to provide evidence to prove that there was a written or oral agreement between the two parties to purchase the house under someone else's name, and the purchase contract was not signed by her. Moreover, only her father had the qualification to purchase the house; Secondly, the house had been lived in and renovated by the two elderly people for a long time. The statement issued by Wang Yuhong in the early years only stated that the house would belong to her after the elderly people died, and did not acknowledge that she was the rightful owner during her lifetime; Thirdly, Wang Yuhong had already explicitly waived her right to inherit her father's estate at the notary office. The court adopted this opinion, holding that the party claiming to purchase the house under someone else's name should bear the burden of proof for the agreement to purchase under someone else's name, and ultimately dismissed her lawsuit. House No. 601 was identified as the grandmother's estate, with Wang Sisi and Wang Yuhong each inheriting 50% of it. Both the first-instance and second-instance courts upheld this ruling. This case was handled by Beijing Henglu Law Firm.Xue SuhuaThe lawyer (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that the dispute over property inheritance is ostensibly about the transfer of ownership, but in essence, it is about the source of ownership and the validity of the will. If the evidence collection direction is wrong, no matter how far the process goes, it will be difficult to change the outcome.

IV. Practical suggestions and legal basis

According to Article 1122 of the Civil Code of the People's Republic of China (Definition of Inheritance), Article 1127 (Order of Legal Inheritance), Article 1130 (Distribution Principles and Circumstances of Preferential Distribution), Articles 1133 to 1139 (Forms and Requirements of Wills), and Article 1153 (Marital Joint Property Shall Be First Divided and the Remaining Parts Shall Be Inherited) (all enacted on May 28, 2020 and implemented on January 1, 2021); the party claiming to have purchased the house under a borrowed name shall bear the burden of proof for the agreement and the investment. Reference may be made to Article 90 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (implemented on February 4, 2015 and amended in 2022) regarding the burden of proof. Recommendations: First, retrieve the real estate registration book, purchase contract, payment receipts, and marriage registration information to clarify the source of ownership. Second, verify the existence of a will and its formal requirements, and apply for handwriting identification if necessary. Third, for those claiming preferential distribution, prepare evidence of caregiving, expense payments, and cohabitation. Fourth, apply for property preservation before litigation to prevent the house from being sold or transferred again. Fifth, promptly handle the transfer of ownership after the judgment or mediation takes effect to avoid additional costs arising from taxation and policy changes. 依据《中华人民共和国民法典》第一千一百二十二条（遗产的定义）、第一千一百二十七条（法定继承顺序）、第一千一百三十条（分配原则与多分情形）、第一千一百三十三条至第一千一百三十九条（遗嘱形式与要件）、第一千一百五十三条（夫妻共同财产先析产，其余为遗产）（均于2020年5月28日通过，2021年1月1日施行）；主张借名买房的一方应就合意与出资承担举证责任，可参照《最高人民法院关于适用〈中华人民共和国民事诉讼法〉的解释》（2015年2月4日施行，2022年修正）第九十条关于举证责任的规定。建议：第一，调取不动产登记簿、购房合同、付款凭证与婚姻登记信息，查明权属来源；第二，核实是否存在遗嘱及其形式要件，必要时申请笔迹鉴定；第三，主张多分的，准备就医陪护、费用支出、共同居住等赡养证据；第四，诉前申请财产保全，防止房屋被出售或再次过户；第五，判决或调解生效后及时办理过户，避免税费与政策变化带来额外成本。

5. Henglu Law Firm's Reminder

Property inheritance is an area where family matters intersect with property rights, and a single mistake could lead to prolonged litigation. The purchase qualifications and ownership records of housing reform units, central government-owned housing, and relocation housing often require special retrieval, which can be combined with other relevant information to clarify the ownership and usage rights of the property.Real estate transactions and construction projectsAn overall assessment of the experience in ownership review in business; involving\nInheritance of property and division of family assetsFor the design of the plan,Beijing Henglu Law FirmIt is recommended to consider the transfer of ownership, taxes, and family relationships together. If the house has been disposed of or transferred before the death of the inheritor, you should also pay attention to the statute of limitations and the requirements for evidence in the actions of revoking the right of transfer and confirming the invalidity of the transfer.

VI. Frequently Asked Questions

Q1: What are the chances of winning a property inheritance dispute?

It depends on the ownership evidence and the form of the will. If the decedent is the registered right holder and the will is complete, there's a higher chance of successfully claiming the inheritance share. However, for claims involving buying a house under someone else's name or oral donations, the burden of proof is much higher. It's necessary to evaluate the evidence first before formulating a strategy.

Q2: What evidence do I need to prepare?

The death certificate and materials proving the kinship relationship, the real estate registration book and the purchase contract, the payment receipts, the original will, the marriage registration information, the evidence of support and cohabitation, and all the materials on which the other party's claims are based.

Q3: What are the approximate costs of attorney fees and litigation fees?

The acceptance fee for inheritance cases is calculated based on the value of the disputed property in stages, and the fee is generally halved if the case is settled through mediation. The attorney's fee is negotiated based on the amount of the claim and the stage of the case. Fees for handwriting identification and appraisal are charged based on the actual costs incurred.

Q4: How long does the process take?

The notarization and transfer of an undisputed inheritance usually take one to two months; for a disputed lawsuit, the first-instance trial often takes about six months, and it will take longer if appraisal, evaluation, or the second-instance trial are involved. It is necessary to allow sufficient time for these procedures.

Q5: What should I do first?

First, retrieve the materials related to real estate registration and ownership sources, check whether there is a will and whether it meets the formal requirements. At the same time, apply for property preservation to prevent the house from being disposed of, and fix the evidence in advance.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Xue Suhua·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.