Source: Nanjing Jianye District People's Court public number
Transferred from: Nanjing Intermediate People's Court
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The issue of inheritance has been controversial, and it is the last gift left by the elderly to their relatives, but it may lead to conflicts between relatives. In particular, the most important inheritance of real estate is more likely to make relatives quarrel with the court.
The Inheritance Code of Part VI of the Civil Code of the People's Republic of China has made certain adjustments to the Inheritance Law of the People's Republic of China, including certain amendments to specific inheritance issues, such as adding video wills, printing wills, increasing witnesses to wills, adding forgiveness systems, and so on. And what impact does this have on the issue of inheritance in practice? Let's take a look at the following case.
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In 1975, Mr. Chen and Ms. Huang married their four children and re-established the family. In 2011, Mr. Chen signed the Agreement on Compensation and Resettlement for Housing Demolition and Relocation, and used the demolition compensation to purchase 2 houses, which are the joint property of husband and wife during the marriage relationship between Mr. Chen and Ms. Huang.
In 2012, Ms. Huang passed away due to illness.
In 2015, Mr. Chen made a will, and after his death, he bequeathed his own share of the two properties to his granddaughter Xiao Chen, and notarized it.
In 2018, Mr. Chen passed away, and his estate was inherited. Xiao Chen also made an offer to accept the bequest. The children of Mr. Chen and Ms. Huang believe that the two houses are the proceeds of the demolition and resettlement of the common property of Mr. Chen and Ms. Huang, and the four children of Mr. Chen and the four children of Ms. Huang should each receive one-half, and how to distribute the two sides has no right to question each other.
Ms. Huang's two children took out a copy of the 2012 Will made by Mr. Chen and Ms. Huang, which showed that one of the two houses was inherited by her granddaughter Xiao Chen and the other by Ms. Huang's daughter, Ms. Yang. The content of the will is printed, Cao is the witness, and the two sides sign it. So Xiao Chen sued the eight children of Mr. Chen and Ms. Huang to the court, asking the court to confirm the share of the inheritance.
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After trial, the court held that the printing of the will should be witnessed by more than two witnesses. The testator and the witness shall sign each page of the will, indicating the year, month and day. In this case, the 2012 Will submitted by the children of the defendant Ms. Huang was a printed will, and only one witness signed it, which should be considered invalid and the share belonging to Ms. Huang should be handled in accordance with the statutory inheritance. Mr. Chen, as spouse and Ms. Huang's four children, are all heirs in the first order. When Mr. Chen and Ms. Huang were married, Mr. Chen's two children were not yet minors, and they were Ms. Huang's dependent stepchildren, who should also be the first order heirs. Ms. Huang's share should be equally distributed among the seven individuals. In the end, the shares were determined according to Mr. Chen's notarized will and statutory inheritance in 2015 as follows: Xiao Chen received Mr. Chen's full share, that is, four-sevenths of the two properties, and Ms. Huang's four children and two stepchildren each received one-fourteenth of the shares.
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When making a printed will, the following points should be noted:
First, printing a will must be drawn up by the testator himself and printed.
Second, more than two witnesses must be present to witness and participate in the entire process of making the printed will; and, according to the law, the following persons cannot be witnesses to the will:
(1) Persons without capacity for civil conduct, persons with limited capacity for civil conduct, and other persons who do not have the capacity to witness; (2) heirs or bequeathed persons; (3) persons with an interest in the heirs or bequeathed persons.
Third, the testator and witness should sign each page of the will, indicating the year, month, and day. Since the printing of the will cannot reflect the consistency of the handwriting, it is easy to be deleted and tampered with, so it is particularly required to print the will to ensure that the testator and the witness sign each page of the will and indicate the year, month and day, if only signed at the place where the money is made or the date is incomplete and there is no other evidence to reinforce, it is not appropriate to think that the will meets the statutory formal requirements.
The Civil Code of the People's Republic of China has been formally implemented, and when it comes to inheritance and distribution of inheritance, it must be carried out in accordance with the procedures and conditions prescribed by law, distributed according to the wishes of the elderly, and reasonable protection of rights. Do not let the gifts left by the elderly become the source of family conflicts.
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Article 15 of the Several Provisions of the Supreme People's Court on the Application of the Temporal Effect of the Civil Code of the People's Republic of China Article 15 Where, before the implementation of the Civil Code, the testator makes a will in print, and the parties have a dispute over the validity of the will, the provisions of Article 1136 of the Civil Code shall apply, except where the estate has been disposed of before the implementation of the Civil Code.
Article 1136 of the Civil Code: The printing of a will shall be witnessed by two or more witnesses present. The testator and the witness shall sign each page of the will, indicating the year, month and day.