A stepdaughter who hasn't been in contact for more than 20 years
Even during the serious illness of the biological father
Neither was he visited nor cared for
But after learning the news that his father was critically ill
Bring a lawyer to show up and ask for a share of the estate
It was only three days after my father died
She couldn't wait, and she was already at the courthouse
sued stepmother and sister......
The following is Shanghai Daopeng Law Firm
Lawyer Wu Qiong's narration
01
The husband died, and the stepdaughter suddenly "appeared"
Ms. Xue's husband, Mr. Hou, was married once, and later divorced his ex-wife and raised their young daughter alone. In 1986, Ms. Xue and Mr. Hou registered their marriage, when Mr. Hou and his ex-wife's daughter Hou Xiaolan were only 10 years old.
In the second year after marriage, Ms. Xue also gave birth to a daughter, named Hou Xiaowei.
For her two daughters, Ms. Xue tries her best to treat each other as equals and cares about their lives and studies. In order to allow Hou Xiaolan to have a better learning environment, Ms. Xue and her husband asked people everywhere and tried their best to send her to a key middle school, and she was successfully admitted to the university after that.
Despite this, Hou Xiaolan has been deeply influenced by her biological mother since she was a child, and she has a grudge against her biological father and stepmother.
After finishing college in another place, she went to find a job somewhere in the northeast where her mother lived, and never returned.
A person who had not been in touch for more than 20 years, after learning the news of his father's critical illness from a relative, the first thing he did was to rush to the scene with a lawyer and ask for the inheritance. Only three days after her father's death, Hou Xiaolan went to the court to file an inheritance lawsuit.
02
Oral will, helpless lack of validity
After learning of the defendant, Ms. Xue and her daughter also approached us for legal help and provided an important message:
When Mr. Hou was dying, he once confessed the aftermath in person, and all the inheritance belonged to his wife and youngest daughter Hou Xiaowei, and he didn't give Hou Xiaolan a penny!
Ms. Xue asked: "My husband orally confessed the will, is it that Hou Xiaolan will not be able to share the inheritance?"
As for the situation of Mr. Hou's oral will, after making detailed inquiries, we could only reply to Ms. Xue with great regret: "This oral will is invalid. ”
Because according to Ms. Xue's account, her husband's condition was critical at that time, and the doctor kindly reminded Mr. Hou and his family: "If there is anything that needs to be explained, please tell me quickly!" But after the doctor reminded him, he was in a hurry to see other patients.
Therefore, although Mr. Hou's oral will was a critical emergency, only Ms. Xue and her daughter Hou Xiaowei were present at the time, and no doctors, nurses or other people were present to witness it. Ms. Xue and her daughter Hou Xiaowei are the legal heirs of Mr. Hou and cannot be witnesses according to the law.
Hearing us make such a judgment, Ms. Xue was extremely disappointed and unwilling, and cried sadly.
03
More points were requested, and the court ruled in favor
While comforting Ms. Xue, we listened to her talk about the difficulties over the years.
It turned out that Mr. Hou had been ill for many years before his death, and he was unable to take care of himself for two years before his death. At first, Ms. Xue took care of her husband alone, but as her husband's condition gradually worsened, she was overwhelmed by herself, so her daughter Hou Xiaowei had to quit her old job in a foreign company and take care of her father with her mother.
Hou Xiaolan returned to her biological mother after graduating from university, and has lived in Northeast China for more than 20 years, with a house, a car and social status. But when my father was sick all the year round, he never lent a helping hand financially, and he didn't take care of him for a day in life, and he didn't even visit and greet him during the New Year's holidays.
For her biological father, stepmother and sister, Hou Xiaolan is a person who has been missing financially, in life and spiritually for more than 20 years.
According to what Ms. Xue said, we conducted an investigation and collected evidence through various aspects.
In the end, when we expressed our opinions in court, we pointed out that the Civil Code clearly stipulates that heirs who have fulfilled the main obligation to support the decedent or live with the decedent can divide the inheritance more when distributing the inheritance. If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.
Plaintiff Hou Xiaolan disregarded family affection and failed to fulfill the slightest responsibility to support her biological father who had been ill for a long time, and should not share or divide the property in accordance with law. Respecting the elderly, loving the elderly, and providing for the elderly are traditional virtues, and if the children do not have any behavior of respecting and caring for the elderly, but can still inherit the inheritance of the elderly, it will contribute to the bad atmosphere in society.
After hearing the case, the court found that statutory succession should be applied to the case. Considering that the two defendants lived together with the deceased and took good care of them during their illness and treatment, they should divide the estate appropriately.
The judge had mediated the case many times, but the estrangement between the two parties had deepened, and finally the court had to make a judgment: the bank deposits, wealth management products, securities, stocks and other properties in the names of Mr. Hou and Ms. Xue belonged to Ms. Xue, and the funeral expenses subsidy also belonged to Ms. Xue, and she needed to pay 100,000 yuan in compensation to Hou Xiaolan.
As for the property in the names of Mr. Hou and Ms. Xue, the appraised value was about 4.8 million yuan, half of which belonged to Ms. Xue, and half of the property rights belonging to Mr. Hou were inherited by Ms. Xue, Hou Xiaolan and Hou Xiaowei.
After the verdict, Hou Xiaolan did not appeal, and soon disappeared from Ms. Xue's life again with the inherited property...... (Names have been changed)
Lawyer reminds
The Civil Code stipulates that the testator may make an oral will in case of crisis. An oral will should be witnessed by two or more witnesses. After the critical situation is eliminated, if the testator is able to make a will in writing or in the form of an audio or video recording, the oral will made is invalid.
According to the above provisions, there are generally three conditions for the application of an oral will:
First of all, it is in a critical situation, such as being critically ill, dying, etc.
Second, there should be two or more witnesses present. The Civil Code stipulates that the following persons cannot be witnesses to a will:
(1) Persons who lack or have limited capacity for civil conduct, as well as other persons who do not have the capacity to witness;
(2) heirs and legatees;
(3) Persons who have an interest in the heirs or legatees.
Therefore, even in a critical situation, if the contents of the oral will of the decedent are only heard by the heirs or other interested persons, such an oral will is invalid.
Finally, the critical situation lasts until the death of the deceased.
If, after the critical situation is eliminated, the testator is able to make a will in writing or in the form of an audio or video recording, the oral will made is invalid.
In the case that an oral will is invalid, if there is no other valid will, bequest or bequest maintenance agreement, it shall be handled in accordance with statutory succession.
Author | Wu Qiong (Shanghai Daopeng Law Firm)