What if the will cannot be authenticated?
After the death of their mother, Dalin and Kobayashi took their uncle Jin Wen to court. Dalin and Xiaolin said that their mother died before grandparents. Grandpa and grandma left the house. After grandpa died, grandma Ms. Wang made a will and left her share to the two brothers. But after grandma died, my uncle monopolized the house. Dalin and Xiaolin filed a lawsuit to inherit the house. They paid 50,000 yuan for their uncle's house. Jin Wen said that the wills submitted by Dalin and Kobayashi were forged, and he asked for an appraisal of the wills; Both Dalin and Xiaolin have houses in Beijing, but he has no house. After being selected by Dalin, Xiaolin and three people, the court entrusted an appraisal center to appraise the will. As a result, Ms. Wang's signature handwriting on the will was written by herself. However, because Jinwen, Dalin and Xiaolin could not provide other handwriting written by Ms. Wang as a comparative sample, they could not identify the handwriting of the subject of the will. The appraised market price of the house is 3,654,380+500,000 yuan. After trial, the court ruled that it was not certain that this will was written by Ms. Wang. The house is handled according to legal inheritance and belongs to Jin Wen, who paid a discount of more than 78,000 yuan to Dalin and Xiaolin respectively. Problem analysis 1. Only the name of the testator can be identified in the will, and other contents cannot be identified. How to authenticate this will? A self-made will should meet the conditions of being written and signed by the testator, indicating the year, month and day, but according to the existing evidence, the text of the will submitted is unrecognizable. Therefore, part of the share of the house was not established according to the will, and it should be handled by Dalin, Xiaolin and Jinwen according to legal inheritance. 2. Can grandchildren inherit the inheritance of grandparents? If the decedent's children died before the decedent, subrogation inheritance shall be the direct blood relatives of the decedent's children. Dalin and Xiaolin's mother died before their grandparents. As their immediate blood relatives, Dalin and Xiaolin have the right to share the inheritance that subrogation inheritance's mother has the right to inherit. 3. What are the provisions on the share of subrogation inheritance people's inheritance? As subrogation inheritance people, Dalin and Kobayashi belong to the same order as their uncle Jin Wen, and their share of inheritance should be equal. Considering that both Dalin and Kobayashi have houses in Beijing, and the share of Jin Wen's inheritance is equal to both of them, the court awarded the house to Jin Wen according to the principle that the division of the estate should be conducive to the needs of production and life without damaging the utility of the estate, and Jin Wen paid the corresponding house discount for Dalin and Kobayashi.