“Case analysis” | old man inheritance dispute case analysis

2022-05-13 0 By

The old man Wang mou has made 5 wills, and content conflict.The eldest son, his sister-in-law and niece had a dispute over the inheritance of the estate, and ended up in court.So how to determine the validity of many wills?Case analysis of inheritance dispute of the old man: The case of Wang Jia (pseudonym) claimed that his brother Wang Yi (pseudonym) died in February 2013, and his parents died in May 2013 and August 2009 respectively, leaving a set of property.Father Wang mou in December 2010, August 2011 and October set 3 wills, clear property by the brothers each get 50%.His father said in his will in October 2011 that the will written before is invalid, and he will not make a will in the future, even if he writes again, it does not count.After his father died, the property and his father’s savings, pension by sister-in-law and niece exclusive.After negotiating for many times without fruit, Wang Jia will sister-in-law Yang mou and niece Wang Xiaob (alias) to court.Yang and Wang argued in the first instance that Wang wrote a will in 2013 and gave the house to their mother.”Wang Jia is unfilial to his father. My daughter and I have been taking care of his father-in-law in his old age. His savings have been used as living expenses, and the pension should go to Wang Xiaoyi.”Court judgment judgment of first Instance The court of first instance holds that the decedent may revoke or alter his will and make several wills. If the contents are inconsistent, the last will shall prevail.As a result of wang yi, wang Yi’s mother predeceases Wang Mou, reason its bequeathed by Wang Jia, Wang Yi, Wang Mou legal succession.Finally, the first-instance court ruled that wang Jia accounted for 1/6 of the housing, and Yang and Wang Xiaoyi accounted for 5/6, and the pension and salary were handled by legal inheritance.Wang Jia appealed against the decision.The second instance judgment city a court after hearing that, after identification, Yang mou provides the text of the will handwritten handwriting and signature handwriting are written by Wang mou.Wang Jia has no evidence to prove that the authenticity and validity of the will submitted by Yang and Wang Xiaoyi are flawed, the will conforms to the form and validity requirements of the written will.And the will, Wang mou had read to the unit staff, and video data evidence.Therefore, it can be identified that the will submitted by Yang and Wang Xiaoyi is the final expression of Wang’s intention to dispose of the house involved in the case, and the inheritance of the case should be subject to the will.In summary, the city court rejected wang Jia’s appeal, maintain the original judgment.Tips: If you have any difficult problems in your life, or want to consult or solve any legal problems, you are welcome to mung Bean Circle legal service platform, we have professional lawyers to answer your questions.Disclaimer: The article is from the lawyer’s helper.Pictures from the network, if any infringement, please inform us to delete.This platform for all original articles, reproduced articles are neutral, does not constitute any application suggestions, the content of the article is only for learning and reference, reproduced article copyright belongs to the original author, such as content, copyright and other problems, please contact us, we will deal with in the first time!