Case source: (2023) Hu 0112 Min Chu No. 34483
Brief facts of the case:
Lao Chi passed away, and his spouse Lao Hong, and children Xiao Lan, Xiao Zi left a lawsuit for Lao Chi to leave a property.
Lao Hong asserted that she was old and frail, and that her daughter who took care of her also died, and hoped that the court would take care of her.
The court replied, in favor.
Although there is a monthly pension income, but the income is not high, and the age has long lost the ability to work, and the son has lived abroad for a long time, it is difficult for the daughter to completely rely on the son-in-law to take care of her life after the death of the daughter, so it is a better way to solve the problem of pension for the elderly. The hospital will give due consideration to the increased cost burden of living in an elderly care home when distributing the old man's estate, as appropriate.
The original text of the judgment was held by the court partly,
This court held that Lao Chi did not leave a will during his lifetime, and his estate after his death was subject to statutory inheritance, which was inherited by Lao Hong, Xiao Zi and Xiao Lan. Based on the signing of the pre-sale contract, the signing of the loan contract, the repayment of the loan, and the registration of property rights, it shall be determined that the purchase price comes from the joint family property of Lao Chi and Xiaolan. In view of the father-daughter relationship between the parties, the property rights were registered as shared by Lao Chi and Xiaolan at that time, and neither of the co-owners raised any objections before their deaths, nor did they propose a clear analysis of the property rights share, so it can be presumed that the two parties should each enjoy 50% of the property rights share. The plaintiff's claim that the house was funded by Lao Chi and his wife from the purchase price to the decoration money, and the defendant's claim that Xiaolan paid 80% of the purchase price, lacked basis and was rejected by this court. Accordingly, after Lao Chi's death, his share of the property rights of the house involved in the case should be inherited by Lao Hong, Xiao Zi, and Xiao Lan after deducting Lao Hong's part of the joint property of the husband and wife. Xiaolan left a legal and valid notarized will before his death, so after his death, all the property rights belonging to him will be inherited by Xiaolu 2. Plaintiff Xiaozi often provides financial assistance to his parents, and his contribution to the purchase price requires an appropriate amount of points, which lacks legal basis and is difficult for this court to support. The plaintiff, Lao Hong, was old and infirm, and hoped that he would take proper care of him when the estate was divided. This court held that although the plaintiff Lao Hong had a monthly pension income, her income was not high, and she had already lost her ability to work due to her advanced age, and since her son had lived abroad for a long time, it was difficult for her to rely on her son-in-law to take care of her life after her daughter's death, so her residence in a nursing home for the elderly was a better way to solve her pension problem. The hospital will give due consideration to the increased cost burden of living in an elderly care home when distributing the old man's estate, as appropriate.
Relevant Specifications:
Article 1130 of the Civil Code [Principles of Estate Distribution] The share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance.
Heirs who have fulfilled their primary obligation to support the decedent or who live with the decedent may receive an additional share of the estate when the estate is distributed.
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.
Where the heirs agree through consultation, it may also be unequal.
