The will written by others shows that
Grandparents said that they would give the house to their grandchildren before they died.
But uncles and aunts don't agree
Point out that the testator is the wife of his grandson.
Ask for the annulment of the will
What will the court say?
Case review
Lao Gao and Lao Li are Gao Xiao's grandparents respectively. Gao Xiao had no job and took care of Lao Gao and Lao Li full-time until their death. Lao Gao and Lao Li were later funded by Gao Xiao. Lao Gao and Lao Li made a will to write a letter. The main content is that Gao Xiao took care of the elderly and gave the relocated house to Gao Xiao after their death.
Gao Jia, Gao B and Gao C are the children of Lao Gao and Lao Li, and the case involves the property exchange between Lao Gao and Lao Li and Gao Jia. Gao Jia, Gao B and Gao C think that the testator involved in the case is Gao Xiao's wife, and there is no witness, so the will is invalid. Gao Xiao filed a lawsuit against the above three defendants, requesting to confirm the legality and validity of the wills submitted by Lao Gao and Lao Li, and to confirm the ownership of the houses they moved back because of inheritance.
test result
The Intermediate People's Court of Anshan City, Liaoning Province held that the power of attorney provided by Gao Xiao was Gao Xiao's wife, and the two parties were in love when they entrusted the agency. This special intimate relationship has an interest in identity and interest in Gao Xiao's inheritance, which is prohibited by Article 18 of the People's Republic of China (PRC) Inheritance Law (hereinafter referred to as the Inheritance Law), so his agency behavior does not meet the statutory form requirements of the agency will.
This case should be handled in accordance with legal succession.
Although Gao Xiao is not the legal heir in the first order, he voluntarily supports Lao Gao and Lao Li and bears the funeral expenses. According to the provisions of Article 14 of the Inheritance Law, if the decedent supports more than the heir, an appropriate inheritance can be distributed, and Gao Xiao can be regarded as the successor in the first order.
"Appropriate distribution of inheritance" as stipulated in Article 14 of the Inheritance Law refers to an appropriate proportion that is compatible with the maintenance behavior of non-heirs and compared with the maintenance obligations of other heirs with maintenance obligations. Although Gao Xiao has no legal obligation to support his grandparents, he can serve his sick grandparents full-time for many years until the old man dies, so that he can enjoy his old age. Gao Xiao gave almost all support to the two heirs, Lao Gao and Lao Li, which is a concrete manifestation of good social morality and is enough for the society and family to give praise. The other heirs in this case have the ability to support the elderly, but take turns to take care of them during their illness. Compared with the care for the sick elderly in Gao Xiao several years later, the actions of Gao Jia, Gao B and Gao C cannot be regarded as fulfilling the obligation of support. Accordingly, Gao Xiao has the right to get the right to move back to the house commensurate with his great contribution in inheritance cases.
Five beauty lawyers said:
According to the relevant provisions of China's inheritance law, if there is no will or the will made has no legal effect, then the legal heirs (such as spouses, parents and children) need to inherit the inheritance by legal inheritance.
If you want to divide your property according to your wishes after death, you need to make arrangements for wealth inheritance in advance and find professionals to help you make a valid will.
In this case, although Gao Xiao can finally get the corresponding inheritance, this process requires Gao Xiao to spend time and money in court with his family, which undoubtedly has a negative impact on Gao Xiao's family relationship.
If Lao Gao and Lao Li Can planned the wealth inheritance plan reasonably in advance, then their favorite grandson would not have to go to great lengths to file a lawsuit to safeguard his rights and interests after losing his grandparents.