The defense of innocence focuses on the weak links in the chain of evidence, relying on physical evidence, documentary evidence, witness testimonies, appraisal opinions, and alibis, etc., to exclude illegal evidence and establish reasonable doubt in accordance with the law.
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The retrial and change of verdict in criminal cases must meet the statutory grounds set forth in Article 253 of the Criminal Procedure Law, such as new evidence, factual errors, errors in the application of the law, procedural violations, or the misconduct of the trial personnel. However, an appeal does not necessarily lead to a change in the verdict.
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After completing the handwritten will, it should be properly stored in a safe and controlled place or kept in a notarized safekeeping to avoid loss, damage, or concealment. In case of multiple conflicting wills, the latest will shall prevail.
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In principle, a handwritten will must be written, signed, and dated by the testator in their own handwriting. If it is necessary to have someone else copy the will, the testator should check and sign it themselves. Otherwise, the validity of the will may be affected. It is recommended to prioritize writing the will by hand or having it notarized.
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A handwritten will must be written and signed by the testator in person, with the date of writing specified. Although a pencil-written will is also written by the testator, it is easy to alter, making it difficult to prove its authenticity. It is recommended to use a pen that is not easy to alter and have a lawyer review it.
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The portion reserved for the fetus cannot be distributed before delivery. If the fetus is alive, it shall be managed by its guardian; if the fetus is dead, it shall be subject to statutory inheritance. No one is allowed to dispose of it in advance without authorization.
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The inheritance should be divided so that a share is reserved for the fetus. If the fetus is born alive, it shall be entrusted to the mother for management; if the fetus is stillborn, the inheritance shall revert to the statutory heirs. The management of the inheritance must be for the benefit of the fetus, and the inheritance shall not be disposed of without authorization.
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The widowed daughter-in-law should fulfill her main obligation of supporting her parents-in-law as the first-order heir. The inheritance share should first be allocated from the couple's joint property and then distributed according to the law or the will. Those who fulfill their main obligations can claim a larger share of the inheritance.
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A widowed son-in-law who fulfills his main duty of supporting his in-laws can be an heir in the first order; the evidence must prove that his spouse died first and that he provided long-term primary care for them, supported by transfer records, medical certificates, and community certificates.
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The right of subrogated succession and the right of vicarious succession can be applied simultaneously: the former solves the transfer of shares in the event of the death of an inheritor during the inheritance process, and the latter solves the situation where a child dies before the decedent, allowing younger blood relatives to succeed in their place, which is handled in accordance with the Civil...
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In the case of transfer of succession, if the inheritor dies during the process, the inheritance share will be transferred to multiple inheritors, resulting in an increase in the number of right holders. The share can be confirmed according to the agreement or statutory succession, and those who claim a smaller share must provide sufficient evidence to support their claim.
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For the transfer of ownership through subrogated succession, it is necessary to first determine the identities and shares of all the subrogated successors. Then, with the death certificate, the kinship relationship, and the inheritance documents, the succession right notarization or litigation should be carried out, and finally, the transfer registration should be applied for at the real estate re...
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After being sued for divorce, the custody of the child may not necessarily be awarded to the other party. The court will make a judgment based on the principle of what is most beneficial to the minor child, taking into account factors such as age, growth environment, and parenting ability. It is recommended to fix the evidence of parenting advantages as soon as possible.
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The fees charged by child custody lawyers are related to the complexity of the case and whether it involves property division. In cases of marriage and inheritance, risk-based fees are not allowed by law. It is recommended to first review the fee details and the included service stages before hiring a lawyer.
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If the other party has a history of domestic violence, it is usually very disadvantageous for them to fight for custody rights. According to the principle of the Civil Code that is most beneficial to minor children, the party who committed the violence is generally not suitable to directly raise the child, and it is necessary to call the police and seek medical treatment to fix the evidence.
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