Birth, old age, sickness and death are the life process that everyone needs to go through, after experiencing the wind and frost of the world, enjoying the beautiful scenery of the road of life, we inevitably come to the end of the road, the stage of old age.
However, the death of the body does not mean that the money is gone, the money we have accumulated during our lifetime will still remain in the world, and we, as the owners of the property, have the right to dispose of it, use it, and can also decide to leave it to our children and grandchildren or give it to someone.
In the legal provisions,How to determine the situation of multiple wills for one property, and what kind of will is legally valid?
Case review
Mr. Lui and Ms. Ho met after being introduced and their marriage was registered. However, after the marriage, due to the incompatibility of the two personalities and frequent quarrels, although Ms. He had the intention of divorcing Mr. Lui, due to the persuasion of the elders in the family, the decision was not made for a long time.
Later, Ms. He gave birth to a girl named Xiaoxin. However, due to Mr. Lu's preference for sons over daughters and prejudice against Xiaoxin, the relationship between father and daughter is not close, and the relationship between husband and wife tends to break down.
When Xiaoxin was 8 years old, Ms. Ho rented another house for work reasons and arranged for her to study in the primary school next to her residence, which further alienated Mr. Lui and Xiaoxin. At the same time, Mr. Lu was alone at home, so he brought his parents to live with him, and became closer to his two younger brothers, Da Lu and Xiao Lu.
Subsequently,Mr. Lu believed that he had a bad relationship with Ms. He and Xiaoxin, and wrote a will, stating that he would hand over all his property to his parents if he died in an accident.
Then, Mr. Lu had an affair with his female colleague Xiaohua in the company, but thinking that he had been married to Ms. He for many years, Mr. Lu was reluctant to file for divorce, but secretly maintained an underground lover relationship with Xiaohua, and when Xiaoxin was 11 years old, Xiaohua gave birth to Mr. Lu's illegitimate son Xiaozhi.
To celebrate the smooth birth of my son,Mr. Lu re-wrote a will, saying that he would leave all his property to Xiao Zhi, and wrote on the back of the will: A lifelong will, valid forever.
Two years later, due to drunk driving, Mr. Lu crashed into the railings on both sides of the road, causing his legs to be paralyzed and his hands weak, and he could only rely on others to take care of him to barely eat and make ends meet. And Xiaohua also broke off relations with Mr. Lu because of this. At the same time, Da Lu and Xiao Lu began to take good care of Mr. Lu, which was recognized by Mr. Lu.
With his hands inconvenient, he printed out a will in which he gave 50% of his fortune to his two younger brothers by inviting one of his neighbors and parents as witnesses. After reading out the will to make sure that it was safe, Mr. Lui signed his name on the last page and left a date.
At the same time, due to the severity of the sequelae of the car accident, Mr. Lu's life reached the danger line several times. At this time, he remembered what he had done, and he missed the time he spent with Ms. He. When he was in critical condition on the operating table, Mr. Lu verbally told the five doctors in charge of the operation next to him that he had left all his money and belongings to Ms. He and his daughter Xiaoxin.
Later, due to the failure of surgery, Mr. Lu passed away.
Legal analysis
In China, testamentary succession refers to the designation of specific legal heirs to inherit money according to the valid will made by the deceased during his lifetime.
Two conditions are required to satisfy testamentary succession:The will is valid; The heir is the legal heir.
In this case, the legal heirs are divided into first and second in line, that is, Mr. Lui's parents, spouse and children; Siblings, grandparents, maternal grandparents. In the case, Ms. He, Xiaoxin, Xiaozhi, Lu's father and Lu's mother, and Da Lu Xiaolu all belong to Mr. Lu's legal heirs, and the second condition of testamentary inheritance is met.
In the first condition, the first thing that needs to be confirmed is what kind of will is valid.
The validity of a will meets both the substantive and formal requirements。The substantive elements include:The testator must be a person with full capacity for civil conduct with self-awareness and discernment; its meaning is expressed as true meaning; The money and property disposed of are personal lawful property; It must be in the public interest and public order and good customs; It is necessary to reserve the necessary share of the estate for heirs who are unable to work and have no livelihood**Wait.
WhileThe formal requirements set reasonable restrictions on different forms of wills, such as self-written wills, written wills, oral wills and other forms of wills.
In this case, Mr. Lui and Ms. Ho were not genuinely divorced, and the money and property obtained by them should be regarded as the joint property of the husband and wife. When dividing his estate, only Mr. Lui's personal property that can be divided should be disposed of, and the part belonging to Ms. He should be removed before dividing it.
Mr. Lui's first and second wills were intended to benefit his parents and Ash, respectively. Moreover, it is a self-written will, which needs to be written by the will, but does not require witnesses, and meets the formal requirements of the will, and should be regarded as valid.
At the same time, the third will is a printed will. Article 1136 of the Civil Code of the People's Republic of China provides:A printed will should be witnessed by more than two witnesses. The testator and witnesses shall sign each page of the will, indicating the year, month and day. At the same time, Article 1140 of the Civil Code provides:Prohibitions on serving as witnesses to a will include persons with no capacity for civil conduct, persons with limited capacity for civil conduct, heirs, legatees, and persons with an interest in the heirs or legatees.
That is to say, in terms of witnesses, although Mr. Lu's third will is in line with the number of witnesses, his parents are also his heirs and cannot become witnesses to the will. At the same time, they should sign their personal names and leave dates on each page with the witnesses who meet the requirements before they can be deemed to have printed the will. At this time, Mr. Lui's third will obviously did not meet the formal requirements and should be regarded as invalid.
Finally, Mr. Lu's fourth will was an oral will, which is provided in Article 1138 of the Civil Code:The testator may make an oral will in a critical situation. An oral will should be witnessed by two or more witnesses. After the critical situation is eliminated, if the testator is able to make a will in writing or in the form of an audio or video recording, the oral will made is invalid.
At the critical moment on the operating table, Mr. Lu changed his will again, leaving all the money to his wife and daughter, and at the same time, due to the failure of the operation, he passed away, and there is no possibility of changing it. As witnesses to an oral will, five doctors should be deemed valid if they meet the requirements of the formal requirements.
Because there is a conflict between the contents of the first will, the second will, and the fourth will, in China's laws and regulations, if the contents of the will conflict, the last one shall prevail, that is, Ms. He and Xiaoxin should obtain all the property in Mr. Lu's name.