the old man did not leave a will before his death. his three children are fighting in court for the property. how to divide it?
2024-09-15
한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina
making a will before death can help you plan ahead. however, some people unconsciously associate a will with death and cannot face it calmly. little do they know that not having a will is likely to lead to disputes over inheritance for future generations. an elderly man in guangdong died without leaving a valid will, which led to his three children going to court over the inheritance of his property. recently, this inheritance dispute case was heard by the guangdong court and a verdict was reached.
lin and xie were a couple. after marriage, they had three siblings, lin jia, lin yi and lin bing. lin died in 2014. nearly ten years later, when lin yi and lin bing were handling the transfer of the property left by their father lin, their elder brother lin jia refused to cooperate with the transfer procedures. therefore, their mother xie and the two siblings lin yi and lin bing sued the eldest brother lin jia to the court.
during the litigation, lin jia filed a counterclaim with the court. the two parties argued over the ownership of the two properties.
lin b and lin c complained, "my eldest brother, lin a, has not come to visit my father since he fell ill. two days before my father passed away, we went to his house several times to tell him that his father might be dying, but he said it had nothing to do with him. after my father passed away, he did not come to participate in the funeral arrangements."
xie also said, "when my husband was alive, he was diagnosed with emphysema and he discussed it with me, but my eldest son ignored my wife and me. my husband said at the time that the property under his name would be distributed to our second son and youngest daughter, not to our eldest son, and i agreed."
lin jia claimed that he did not know about his father's illness and death.
...in court, the parties engaged in a heated debate.
after hearing the case, chaozhou xiangqiao court combined the statements of xie, lin jia, lin yi, and lin bing and the testimony of witnesses, and found that since 2000, lin jia had not lived with lin and xie for more than 20 years, had never visited and cared for his parents, had not paid alimony, and had not fulfilled his obligation to support his parents. even when his father lin died of illness, lin yi and his relatives informed lin jia, but lin jia did not come to visit him, and during the period of his father's death, he did not fulfill his obligation to bury his father. lin and xie's daily life was taken care of by lin yi and lin bing.
after trial, the court held that since lin did not leave a valid will, the case should be handled according to statutory inheritance.according to article 1,130 of the civil code of the people's republic of china, lin jia has the ability and conditions to provide support but fails to fulfill his support obligations. when the inheritance is distributed, he should not receive any share.lin b and lin c have fulfilled their primary support obligations to lin, and they can get a larger share when distributing the estate. at the same time, since xie issued a statement agreeing to donate his share of the estate to lin b and lin c respectively, the two properties involved in the case belong to lin b and lin c respectively.
adult children have an unshirkable obligation to support their parents. this is not only a legal requirement in my country, but also a traditional virtue of the chinese nation. adult children should respect, care for and take care of their parents, ensuring that the elderly have a place to live, are well cared for and have fun. let us bear this responsibility in mind, and use practical actions to abide by the law and practice filial piety.
know more about the law:
article 1130 of the civil code of the people's republic of china: the shares of inheritance of heirs of the same order shall generally be equal. heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance. heirs who have fulfilled the main obligation to support the deceased or lived with the deceased may be given a larger share when distributing the inheritance. heirs who have the ability and conditions to support but do not fulfill their support obligations shall not be given any share or shall be given a smaller share when distributing the inheritance. the heirs may also be unequal if they agree through consultation.
text/guangzhou daily new flower city reporter: zhang cheng correspondent: chao faxuanguangzhou daily new flower city editor: li huiting
