Lao Yang is a retired old professor with his wife a son Yang Guang and a daughter Yang Hong. After the two children became adults, Lao Yang set up his own small family. After yang married Wang Hua of the unit, he gave birth to a pair of dragon and phoenix fetuses, Yang Xiaolong and Yang Xiaofeng. In the blink of an eye, the two children grew to 12 years old, and this year, Lao Yang's health was getting worse and worse. One day when he went to the supermarket to buy something, Lao Yang suddenly fainted, and well-wishers took him to the hospital. Yang Guang and Yang Hong rushed to the hospital after knowing this, and Wang Hua heard about it and rushed to take the child to the hospital. Because Lao Yang suddenly fell ill and needed to operate immediately, the doctor called Yang Guang, Yang Hong and Wang Hua to the infirmary to sign, at this time, there were only two 12-year-old children left in the ward to accompany Lao Yang.
Suddenly he felt his breathing getting weaker and weaker, he called the two children to the bedside, and said to them: "Grandpa is dying, you must remember Grandpa's words, and tell Dad, Mom and Auntie, Grandpa's two houses, your father and aunt a set, save 100,000 yuan for you two, your aunt will not leave her money if she has no children." "By the time The Yang Guang and Yang Hong brothers came back, Old Yang was already gone. The children told the adults what their grandfather said before his death, and Yang Hong was very unhappy, one was that she thought her father was too eccentric, and the other was that the two children were not necessarily the truth. Those two children have been very smart since they were young, could it be that they said this on purpose? Yang Hong was very skeptical. But at that time, there were only two children in the ward and there was no one else, Yang Guang thought that the two children could not lie, so the brothers and sisters began to quarrel, and finally, the brothers and sisters sued the court.
Court Hearings:
The two children are minors over the age of 10, and the court found after trial that the two children are 12 years old and belong to persons with limited capacity for civil conduct. According to the laws of our country, a person with limited capacity for civil conduct cannot be a witness to a will, so the oral will made by Lao Yang before his death is invalid, and his estate should be divided according to the legal inheritance.
The two children in this case belong to minors over the age of 10, who are not yet fully mature and are in the process of physical and psychological development, so the law restricts their behavior based on their protection and stipulates that they are persons with limited capacity for civil conduct. The bequest of Lao Yang to his two children before his death is not legally effective, so it can only be inherited according to the legal inheritance.