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Real estate lawyer - beijing real estate lawyer - a specialist in real estate disputes, the qin bar group provides you with high-quality legal services for buying houses by name, buying and selling property, inheriting property, divorcing property, dissolving property, dividing community property and housing rights。
Inheritance to a home is often complicated by the fact that it involves unit welfare policies and family relations. In recent days, a court in beijing has considered a case of inheritance and transfer of a dwelling, on the basis of confirmation of the validity of the printing of the will, by dividing the rights and interests of the house in accordance with the law and ordering the unit to assist in the transfer, and by clarifying the rules applicable to the succession of a will over legal succession。
I. Corrections of the case
(i) complainant's claims and grounds
The plaintiffs, zhao wembo, zhao wenzheng, zhao wenho and sun yaki, filed applications in court:
Zhou lin has been ordered to transfer houses in a district of beijing (hereinafter house 6) to the names of four plaintiffs and zhou lin
The costs of the proceedings in this case were borne by kisr。
According to the original information, liu jiangu and zhao guilan are married, have died and have no biological children, and zhou lin has two children. House no. 6 was the rehousing of a house purchased by liu jianji and zhao gui lan from the institute of academia before they were born, liu jianjiu paid for the purchase of the house in 2001 and died in 2005; zhao qui lan, before his death in 2008, entered into a will of attorney on 17 march 2008, stating that his share of house no. 6 was to be distributed between his brother, zhao deqiang (inheritation of the will), his sister sun-mei (inheritance of the sister-in-law), and his sister, zhao quifan (inheritance of the will), who was responsible for his life and burial. Four persons, zhao deqiang and others, actually fulfilled their maintenance and burial obligations and zhou lin did not participate. Zhao deqiang, sun mei, and zhao guifan have passed away and the plaintiff, as legal heirs, is entitled to inherit their respective shares。
(ii) defence case
The defendant's academies argued:
(a) housing no. 6 was allocated to the employee, liu jian state, for rehousing, the purchase of which had been paid and the unit had always agreed to assist with the transfer, subject to a clear attribution of inheritance rights
The substance of the case was a succession dispute between the plaintiff and zhou lin, and the institute was not the subject of the dispute and should not be the defendant
The plaintiff's claim was rejected and the court was requested to deal with it in accordance with the law。
(iii) third person claim
The third person, zhou lin, stated:
(a) the plaintiff unlawfully determines the heir, and the subject is not fit
(a) the will of zhao guilan is null and void, the house in question is the joint property of the spouses, and the will of zhao guilan is not issued with a title certificate and has no right to dispose of the house
As the sole heir in the first order, a request is made to register the house in his own name and to file an independent claim:
(a) to decide on the succession of liu jianjiang to the contractual obligation to buy and sell the house
The plaintiffs and the acv were ordered to assist in registering the house in their names。
(iv) court findings of fact
Liu jiangu and zhao guilan are married and zhou lin is a foster daughter. Liu jiangu died in 2005 and zhao guilan died in 2008. Zhao deqiang (cuirante zhao) and sun mei (men zhao) have sons zhao wenbo, zhao wen xuan and zhao wen ho, who died in 2019 and 2017 respectively; zhao guifan (gister zhao quiran) has three daughters, sun ya li and sun ya army, who died in 2021; liu wei (bien qi liu) is alive。
On 17 march 2008, zhao gui lan entered into a printed will with the testimony of a lawyer, assigning his share of the house to zhao deqiang, sun mei, liu wei guang, and zhao gui fen, to witness the testimony of a lawyer in court as to the authenticity of the will, and the hospital's medical certificate showed that zhao gui lan lian's will was “clear in mind and sound in words”。
Housing no. 6 was purchased by liu jian state in 1993-2001. The purchase was paid and in 2008, 2023 the institute issued certificates confirming the nature of the house and the fact that it was paid, and is currently occupied by zhou lin。
Zhao deqiang and others actually took care of zhao gui lan and covered the funeral expenses, and zhou lin's documents for 1997-1999 were insufficient to prove that she had fulfilled her primary maintenance obligations。
Sun yali and sun yal army have expressly renounced their inheritance rights and have not taken part in the proceedings。
Ii. Case analysis
(i) focus of the dispute
How will the validity of zhao guilan's will be determined
(b) how the share of inheritance of the house in question should be divided
Whether or not ari has an obligation to assist in the process of transfer。
(ii) legal analysis
The central determination of the validity of the will is that, according to the civil code and the judicial interpretation, the printed will prior to its introduction is governed by article 1336 of the civil code. The will in this case was printed by counsel, signed by zhao guilan and witnessed by two lawyers, and was supported by the certificate's statement " diagnosis certificate " , which concluded that it was the true meaning of zhao guilan. Zhou lin has challenged the will's authenticity and capacity to act, but has not applied for a handwriting test, nor has there been sufficient evidence that zhao gui lan will be incompetent in civil matters, so that the will is valid。
The distribution of inheritance shares is based on:
(a) house no. 6 is the joint property of the spouses, half of the shares of liu upon the death of the state shall be divided between zhao guilan and the other half shall be legally inherited by zhao guilan and zhou lin (one quarter each)
After the death of zhao gui lan, his three-quarter share is dealt with in the will: zhao deqiang, sun mei, liu wei guo and zhao guifan each received three-sixteen points
The shares of zhao dejiang and sun mei were inherited by their sons zhao wembo, zhao wen xuan and zhao wen ho (one eighth each); the shares of zhao guifan were inherited by their daughter yaki (three sixteenths); liu wei was born with three sixteenths; zhou lin ultimately received a quarter share。
The validity of the bequest is established: sun mei and liu wei, as bequests, although they have not been accepted in writing to the entire heirs, the plaintiff has provided evidence that he has made an expression of acceptance to the other heirs and that the acceptance of the bequest is deemed valid in accordance with the law。
The duty of assistance of the unit: as a sales unit for the purpose of home reform, the institute has a legal obligation to assist in the transfer of the household after the right of succession has been established and may not refuse on the ground that it is not the subject of the dispute, so that the registration shall be facilitated on the basis of the share determined by the judgement。
Decision
The court ruled:
Zhao weiji and sun yaki each share 3 out of 16, and zhao wembo, zhao wenzheng and zhao wen ho each share 1 in 8 and zhou lin share 1 in 4
(a) the institute assists in the transfer of the above-mentioned shares to the names of the right holders within 10 days of the entry into force of the judgement
Zhou lin's other claims were denied。
Iv. Case revelations
(i) the printing of a will is subject to the requirements of legal form
The printing of the will requires the signature of the willer, the date and the presence of two or more witnesses, who will be required to participate in the will-making process and sign confirmation. In the present case, the testimonial was determined by the fact that the testimonial was supported by a full legal witness procedure and a medical certificate. The testimonial was given due regard to formal compliance and, if necessary, the assistance of a professional lawyer。
(ii) inheritance should be defined in terms of title
If the purchase of the dwelling is paid in full, it may be inherited, although no title certificate has been obtained. The heirs shall retain documents such as contracts for the purchase of the house, payment certificates, proof of unit, specifying the origin and tenure of the house and providing the basis for the division of the inheritance. Proof of payment of the unit's rent in this case is key evidence。
(iii) performance of maintenance obligations affects inheritance rights
In succession, the fulfilment of the “grave and death” clause is a prerequisite for the acquisition of the estate. The heirs shall maintain records of care, medical expenses, funeral expenses, etc. To prove that they have actually performed their duties. In the present case, the right to inheritance was upheld by the court because the plaintiff could prove maintenance。
(iv) timely receipt of bequests
The bequest shall expressly accept, within two months after knowledge of the bequest, that although the law does not limit the form of expression, it is proposed that evidence be given in writing and retained with the heir or with the probate to avoid loss of rights due to proof。
(v) the unit shall fulfil its obligation to assist in household transfer
Housing reform units may not rely on the unresolved inheritance dispute as an excuse to pass over household responsibility and, after the court has established the attribution of rights, assist the heirs in the timely registration of property rights. The successor may, by an effective judgement, require the unit to perform its obligations and, if necessary, apply for enforcement。
Inheritance disputes involve a balance between kinship and the law, and the parties should increase their awareness of the evidence, establish the ownership of property through a legal will, fulfil their maintenance obligations and defend their rights rationally in case of dispute. In such cases, the courts will scrutinize the effects of the will, taking into account the facts of maintenance and the legal provisions to ensure fair and lawful distribution of the estate。
(this case occurred in beijing, where the names of the parties and other information are aliases to protect their privacy and avoid unnecessary disputes
