Can taking more care of your loved ones give more to your inheritance? The court ruled

Modern Express News (reporter Zhu Whalen) has lived with his parents for a long time and taken care of his sick brother, after the death of his parents and brother, can Zhang Fang, as the heir, share more of the inheritance? Recently, the Liangxi Court of Wuxi City ruled on the inheritance dispute case, because Zhang Fang took more care, and the court found that she could share more of the inheritance.

Uncle Zhang and his wife Mrs. Li had a total of four children, namely the eldest son Zhang Da, the second daughter Zhang Fang, the third son Zhang Nian, and the youngest son Zhang Li. Due to Zhang Li's illness, the old couple registered two houses in their names when the house was demolished, and one set was registered in the name of the old two. None of the four children had any opinion on this.

After the death of the old third Zhang Nian, he left a daughter Zhang Xiaoxiao. A few years later, Uncle Zhang died. Due to the old age of her mother and the fact that her sick brother has not been married, Zhang Fang, the second eldest, took the initiative to take on the responsibility of taking care of her, buying vegetables and cooking on weekdays, and doing it for more than ten years. After the two died one after another, the three houses and two parking spaces left behind caused disputes, and Zhang Da demanded that he have one-third of the inheritance rights, and Zhang Fang disagreed. For this reason, Zhang Da sued Zhang Fang and Zhang Xiaoxiao to the court.

"For so many years, I have been taking care of my parents and brother, and I have handled the funeral after the death of the three of them, and these neighbors have seen it." At the trial, Zhang Fang said that she had lived with her parents and brother for a long time and fulfilled her main duty of care, and zhang Da's inheritance should not be decided by him. During the trial of the case, a number of witnesses came to court to state the fact that Zhang Fang took care of the elderly and her brother on a daily basis.

After trial, it was found that the value of the three houses involved in the case was more than 1 million yuan, and the two parking spaces were worth more than 180,000 yuan. The court held that Zhang Fang did take more care of the elderly and younger brother, and found that he inherited 50% of the inheritance, and Zhang Da and Zhang Xiaoxiao each inherited 25% of the inheritance. In the end, the court ruled that Zhang Da, Zhang Fang, and Zhang Xiaoxiao each inherited a property, and the two parking spaces were inherited by Zhang Fang, and Zhang Da and Zhang Xiaoxiao each paid Zhang Fang a merger payment of more than 210,000 yuan.

The judge said that more of the maintenance obligation can give more to the inheritance. Supporting the elderly is not only a traditional virtue of the Chinese nation, but also an obligation under the law. Article 1130 of the Civil Code stipulates that heirs who have fulfilled their main maintenance obligations or who live with the heirs may distribute more shares when distributing the inheritance. Heirs who have the ability to support and the conditions for support, and who do not fulfill the obligation of support, shall not divide or subtract from the inheritance when distributing the estate.

"Fulfilling the main maintenance obligation" means that the heir undertakes the main labor services for the heir in the aspect of life, such as cooking, care, nursing, etc., or providing financial support, or living together for a long time, giving spiritual and emotional care and comfort, in line with the above conditions, in the distribution of the inheritance can be more.

The provision in the Civil Code affirms the behavior of actively supporting the elderly and supporting their families from the legislative and judicial levels, which is conducive to inheriting family virtues, establishing a civilized family style, carrying forward the fine atmosphere, and actively promoting the construction of a harmonious society from the cellular level of the family as a society. (All pseudonyms in the text)