What are the legal consequences of forging a will after finding out the truth? A will is an expression of the testator's true meaning. If an heir forges a will, if the circumstances are serious, he will lose his right of inheritance. Forged will case: Lao Wang is a bachelor. Lao Wang lived with his mother after his father died in his early years. In 2008, Lao Wang got a job as a sailor, earning a lot of money, but he couldn't go home for several months. Considering that her mother was left unattended, Lao Wang offered to let her stay with her eldest brother, who agreed and quickly took her away. In 20 10, when Lao Wang was at sea, his mother died. When Lao Wang hurried home, his eldest brother took out a will claiming to be her mother, saying that her mother had transferred a property right house under her name to her son Xiao Wei. Lao Wang was surprised. His mother's real estate license has been kept by himself. How can he transfer ownership? There are also many doubts in the will. After investigation, Lao Wang found that his eldest brother not only transferred his mother's deposit during the voyage, but also reported the loss of the real estate license in the name of his mother after her death, and after receiving the new real estate license, he transferred the house to his son's name through sale. Lao Wang didn't expect eldest brother to use such despicable means to fight for his inheritance, so he went to court in a rage. Under the pressure of the court, eldest brother finally admitted that his mother's will was forged. The court ruled that the house and passbook belonged to the mother, and the two brothers were equally divided according to legal inheritance. Lao Wang refuses to accept this. He thinks that eldest brother is at fault first, and his share of inheritance should be less than half, or even lose his inheritance. So, is there a legal basis for Lao Wang's claim? How much share is reasonable for eldest brother to inherit? Lawyer's analysis: In this case, Lao Wang's claim seems reasonable, but it has no legal basis. China's "Inheritance Law" stipulates that one of the four situations of losing the right of inheritance stipulates that the heirs forge, tamper with or destroy the will, and the circumstances are serious. But is Mr. Wang's behavior "serious"? The answer is no, because the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of China's Inheritance Law (hereinafter referred to as "Several Opinions") stipulates: "If an heir forges, alters or destroys a will, which infringes upon the interests of the decedent who lacks the ability to work and has no source of income, and causes difficulties in his life, it shall be considered as serious." Lao Wang has both the ability to work and the source of life, and life is not difficult at the same time. Therefore, Lao Wang's behavior cannot be considered as "serious". China's Inheritance Law stipulates that a forged will is invalid, and the inheritance involved in the invalid part of the will shall be treated as legal inheritance, and the share of heirs in the same order shall generally be equal. Although the "Several Opinions" stipulate that the people's court may reduce the inheritance of the heirs who deliberately conceal, embezzle or compete for the inheritance. However, the "discretionary reduction" here belongs to the discretion of the court. After the court in this case found out that the will was forged, it ruled that Lao Wang and his eldest brother inherited half of the mother's property and deposits within the scope of discretion. However, this result does not encourage forging, tampering or destroying wills, thus infringing on the interests of others. Like Mr. Wang's behavior, the people's court can impose civil sanctions such as fines and detention according to the circumstances stipulated in China's Civil Procedure Law. If the act constitutes a crime, criminal responsibility shall be investigated according to law. Bian Xiao reminded: China's inheritance law stipulates: "If an heir commits one of the following acts, he will lose the right of inheritance: (1) intentionally killing the decedent; (2) Killing other heirs in order to compete for the right of inheritance; (3) Abandoning the decedent or seriously abusing the decedent; (4) Forging, tampering with or destroying a will, if the circumstances are serious. " It can be seen that only when the heir forges a will and the circumstances are serious will he lose his right of inheritance. What is "serious circumstances"? The Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the Inheritance Law of People's Republic of China (PRC) stipulates: "If an heir forges, alters or destroys a will, which infringes upon the interests of the decedent who lacks labor and has no source of livelihood and causes difficulties in his life, it shall be deemed as serious." Even if the inheritance is priceless, Bian Xiao believes that you should not choose to forge a will recklessly, which will make you sorry for the deceased and for yourself and your family. If your situation is complicated, the website also provides online consultation service for lawyers, and you are welcome to have legal consultation.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 125
An heir who commits one of the following acts shall lose the right of inheritance:
(1) Intentionally killing the decedent;
(2) Killing other heirs in order to compete for the right of inheritance;
(3) Abandoning the decedent or maltreating the decedent if the circumstances are serious;
(4) Forging, tampering, concealing or destroying a will, if the circumstances are serious;
(5) forcing or obstructing the decedent to establish, change or withdraw his will by means of fraud or coercion, and the circumstances are serious.
If the heir has committed the acts mentioned in Items 3 to 5 of the preceding paragraph, and indeed shows repentance, and the decedent later expresses forgiveness or is listed as an heir in his will, the heir shall not lose his inheritance right.
If the legatee commits the act specified in the first paragraph of this article, he shall lose the right to be bequeathed.