In an ordinary house, there are nine wills, and each heir has his own opinion, which will have legal effect? Qin Ping, who lives in Beijing, has four brothers in his family, he is the second in line, and after his father Uncle Qin died of illness many years ago, he left a house as an inheritance. The property right was registered in the name of his father, Uncle Qin, and was purchased during his father's marriage, which belonged to the joint property of the husband and wife. Four years ago, Qin Ping's mother also passed away due to illness.
After the death of the two old men, the house left behind needed to be inherited, but how to divide the share made the four brothers have been arguing. Until last year, the fourth brother Qin Wei took out two wills, stating that the house involved in the case was inherited by him. Qin Ping questioned, but the fourth brother was resolute, and the two sides quarreled over the inheritance of real estate. In order to protect his legitimate rights and interests, Qin Ping came to Beijing Guanling Law Firm for help. After the law firm's research and judgment, the experienced lawyer Shang Bingqi was assigned to the case.
After accepting the case, the lawyer learned that Uncle Qin and his wife had been living with Qin Ping before their deaths, and Qin Ping took care of Uncle Qin's daily life, food, clothing, housing and transportation. In addition to giving material support, it also includes spiritual comfort. After his father died, Qin Wei took his mother to take care of him.
Having lived with his parents for many years, Qin Ping said that he had no knowledge of his father's will. In the process of collecting and sorting out the evidence, Guanling's lawyer found that Qin Ping's mother had made a total of nine wills during her lifetime, and most of the contents of these wills were contradictory, and Guanling's lawyer determined that the focus of the case was how to identify the nine wills made by his mother. Immediately, Guanling's lawyer tried to communicate with Qin Wei, but Qin Wei was unwilling to negotiate a solution. To this end, the lawyer drafted the relevant case materials, and Qin Ping filed a lawsuit with the court.
During the trial of the case, Guanling's lawyer challenged his father's self-written will and his mother's scrivener's will. In this regard, the fourth brother applied for handwriting appraisal of his mother's signature, but did not apply for appraisal of his father's signature. Later, the appraisal center issued an appraisal opinion, which confirmed that the signature on the will was written by the mother herself. In the end, the court did not recognize the authenticity of the father's will, but recognized the validity of the mother's will, and ruled that the fourth brother Qin Wei inherited the house involved in the case, and Qin Ping was only awarded a discount of 600,000 yuan for the house. After analysis, the lawyer of Guanling believed that the judgment was unreasonable in confirming the amount of the discount, so he immediately appealed.
In the second instance, Guanling's lawyer re-investigated and collected evidence, and found that the mother had made a declaration of invalidity after nine wills. Therefore, the lawyer decided to discuss from the three aspects of content, witnesses, and procedures, and pointed out:
First of all, in terms of content, the will is not the mother's true intention, and it has been declared invalid by me. It can be seen that when Qin Wei went to the hospital to find someone to write the will, when his mother was sick, it was not the true intention of the mother herself, and the mother did not know the content of the will, and the signature was compared with the mother's signature in other documents, and there was an obvious shaking phenomenon, which also reflected from the side that the old man signed in a frightened state. As far as the witnesses are concerned, the two witnesses were personally found by Qin Wei and had a close relationship with him in order to maintain an objective and fair position. Procedurally speaking, the witness should have appeared in court but did not appear in court, and did not accept the questioning of the court and the parties, so it is impossible to confirm whether the witness witnessed the whole process of making the will, and whether the signature of the witness to the will is signed by himself, so that the authenticity and validity of the will cannot be confirmed. Therefore, the will made by the mother should be invalid.
Secondly, the mother made a self-written will, the content of which clarified the principle of estate distribution, which was "equal distribution among the four sons", and according to the relevant laws and regulations, there were several wills, and if the contents conflicted, the final will shall prevail. The self-written will should be made at the latest and should be a legally valid will.
After trial, the court of second instance adopted the opinion of the lawyer Guanling, and determined that the share of the inheritance of the house involved in the case was equally distributed by the four brothers, and the client finally received a discount of 1.5 million yuan for the house, an increase of 900,000 yuan over the first instance.
In the face of a number of wills with conflicting contents, the lawyer quickly determined the focus of the case, collected evidence from multiple parties, and tried by two levels of courts to obtain a reasonable inheritance payment for the client. Afterwards, Qin Ping presented a pennant to the champion lawyer to thank him!