there are two wills for a million-dollar property. who does the property belong to? stepmother and son go to court!
2024-09-23
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"this house was built after your father and i got married. he had already made a will, and this house was to be left to me!" "you have a will, and i have a will, and it is a notarized will. my father said that the part of the house that belongs to him belongs to me, and you can't monopolize it!" recently, at the chunwan people's court of yangchun city, guangdong province, the parties to the case were at loggerheads and refused to give in to each other. what is going on?
it turned out that the deceased heir huang had two marriages. in the first marriage, he and his wife had a son, huang xiao. in january 2002, huang remarried zhong. in may of the same year, the couple built a four-story house to live in, but they did not have any children after marriage.
in february 2003, huang made a handwritten will, stating that his portion of the property in question would be inherited by zhong. in january 2012, huang went to the notary office to make a notarized will, stating that his portion of the property in question would be inherited by huang xiao. in november 2013, huang died.
for more than ten years, zhong and her stepson huang xiao have been unable to reach an agreement on the ownership of the property involved in the case. now the property is worth more than one million yuan. as she is getting older and her health is not good, zhong hopes to leave the property to her son born to her ex-husband in the future. therefore, according to huang's handwritten will, she sued huang xiao in court.
in response, huang xiao filed a counterclaim based on the notarized will. both parties refused to give in and demanded huang's share of the property involved in the inheritance case.
the case thus came to the hands of the presiding judge yan yuyu. judge yan believed that the key point of the case was the determination of the validity of the two wills. to this end, judge yan first organized both parties to confirm the authenticity of the two wills, explained the relevant legal provisions to the parties, and guided the parties to establish basic legal cognition. in view of the fact that huang died in 2013, according to relevant legal provisions, the priority effect of the two wills should be subject to the provisions of the inheritance law before the implementation of the civil code of my country, that is, "self-written, written by others, recorded, and oral wills shall not revoke or change notarized wills." in other words, notarized wills have priority over other forms of wills.
for this reason, in this case, the two wills should be based on the notarized will, that is, huang's share of the real estate should be inherited by huang xiao, but the real estate involved in the case is zhong's only residence, and such a judgment cannot resolve the "housing knot" between the two parties.
judge yan decided to mediate between the two parties first. "after all, we are a family. mr. zhong only has this one house to live in. can you consider having mr. zhong buy the other half of the property rights?"
in response to judge yan's proposal of the above-mentioned compromise solution, huang xiao was the first to make concessions, "after all, my father and zhong have always lived in this house, and i don't really need it. but now this house is worth over a million yuan. if zhong wants this house, he just needs to give me 400,000 yuan. if zhong doesn't want it, i am willing to pay 500,000 yuan to transfer the house to my name."
considering the convenience of retirement, zhong was still willing to buy the house. but 400,000 yuan was not a small sum, and it was not available at the moment, so the mediation was stuck on the amount. judge yan continued to persuade the two parties, and the gap between the two parties gradually narrowed. finally, they reached a consensus. zhong bought 50% of the property inherited by huang xiao for 350,000 yuan, and paid it in full before december 4 this year. huang xiao assisted zhong in handling the real estate change registration procedures. after the house was transferred to zhong's name, zhong used the house as collateral to get a bank loan and paid the money to huang xiao. the two parties signed a mediation agreement, and the "house knot" that had lasted for more than ten years was resolved.
text/guangzhou daily new flower city reporter: zhang cheng correspondent: yang faxuanguangzhou daily new flower city editor: hu qunzhi
