Who can inherit a deceased wife, younger brother, adopted daughter, or stepson?, The old man passed away, leaving behind a house in Shanghai and three wills and wills | house | younger brother

Release time:Apr 13, 2024 21:44 PM

The elderly person passed away due to illness and left behind a house inheritance. Due to three marriages before their death, the relationship between the heirs was complex. After dealing with the aftermath, many people came up with wills to request inheritance. When the same house is decided by the elderly in the form of a will to be left to different objects, which will ultimately take effect and determine the ownership of the house?

Uncle Yao and Aunt Ran are a remarried couple. After forming a family in 2012, the two supported each other. In 2021, Uncle Yao passed away due to illness, leaving behind a house where Aunt Ran and Aunt Ran lived together. However, the ownership of this portion has been repeatedly disputed.

Originally, Uncle Yao had gone through three marriages before his death. He adopted his daughter Xiao Yao with his original wife Aunt Jin, and raised his stepson Xiao Zhao with his remarried wife Aunt Yang. They eventually became acquainted with Aunt Ran. After Uncle Yao passed away, his adopted daughter Xiao Yao, stepson Xiao Zhao, and Aunt Ran all became the first in line heirs.

After handling Uncle Yao's affairs, Aunt Ran took out two wills, one of which was made on the third day after Uncle Yao and Aunt Ran got married in 2012. The contents included "I registered my marriage with Aunt Ran and became husband and wife. From now on, we will respect and love each other. If she treats me well, my house will be inherited by my wife, Aunt Ran, and no one can interfere. If my wife treats me poorly, the will will be cancelled. In addition, appropriate compensation will be given.". The other one was made by Mr. Yao at his birthday banquet in 2017, and the content is consistent with his will in 2012. So, Aunt Ran sued her adopted daughter Xiao Yao and stepson Xiao Zhao, who were both the first in line, to the court, demanding that they fully inherit the house under Uncle Yao's name according to the will.

Xiao Yao and Xiao Zhao both agree that Aunt Ran's will is a conditional will, and if Aunt Ran wants to inherit Uncle Yao's house, she should treat him well as a condition. As early as 2014, Uncle Yao sued for divorce from Aunt Ran, indicating that Uncle Yao was not satisfied with Aunt Ran. Therefore, the 2012 will was revoked due to Uncle Yao's actions in filing a divorce lawsuit. After the 2017 will was made, Aunt Ran did not take active and effective treatment to save Uncle Yao's life during his critical illness, nor did she take full care of him. As a result, Uncle Yao passed away emaciated and covered in pressure ulcers. Based on this, it can be determined that the will does not have corresponding legal effect due to not meeting the effective conditions. The two believe that they should inherit the house under Uncle Yao's name together with Aunt Ran according to legal inheritance.

During the trial of the case, Mr. Yao, the younger brother of Mr. Yao, held a letter sent to him by Mr. Yao before his death and applied to participate in the lawsuit as a third party. In the letter, in addition to expressing the deep brotherly relationship between him and his younger brother, he also stated, "I have no biological children, only siblings can help me, and now I have a grudge with my wife. Therefore, I am willing to donate the property to my younger brother and no one can interfere.". The letter was signed before the divorce lawsuit with Aunt Ran in 2014.

Mr. Yao believes that his brother's will in 2012, which stated "leaving the house to Alain," has been revoked due to divorce proceedings, and his will in 2017 cannot take effect due to unfulfilled conditions. Therefore, a will made in 2014 through a letter expressing that he will inherit the house is the only valid will, requiring him to inherit Uncle Yao's house according to this will.

In response to Mr. Yao's claim, Aunt Ran provided a copy of another letter from Mr. Yao with a signature date of 2016, which stated the revocation of his will in 2014. The reasons include: "When I made the will, I thought that I would definitely succeed in divorcing Arlan. Since the court did not allow divorce, my marriage with Arlan would continue, so the will was revoked. Arlan and I have been together for five years, and the essence is still good. My younger brother and children's wealth cannot be enjoyed for generations. My inheritance will be inherited by you, but it is just an icing on the cake. Inheriting it by Arlan is like sending charcoal in the snow...". In this regard, Mr. Yao said that he saw this letter for the first time, but the writing and expression habits in the letter were exactly the same as his brother's.

So, what is the validity of Yao Abe's will made in 2012 and 2014? Has the conditions attached to his will made in 2017 been fulfilled? How should Yao Abbo's inheritance be distributed?

The People's Court of Hongkou District, Shanghai, after trial, believes that citizens have the right to make a will to dispose of their inheritance. If the will is true and valid, their inheritance should be distributed according to the will; If the will does not have legal effect, the estate of the deceased shall be disposed of in accordance with statutory inheritance.

Regarding the 2012 will, Uncle Yao did require Aunt Ran to inherit her house only when she was "kind to me". According to the will, the condition for Aunt Ran to inherit the house is "treat me well", not "love between husband and wife". Even if Uncle Yao has filed a divorce lawsuit, it can only be inferred that there have been fluctuations in the couple's relationship, but it cannot be assumed that Aunt Ran treated Uncle Yao poorly, and the court has not found that Aunt Ran treated Uncle Yao harshly. Therefore, the validity of the 2012 will is not naturally affected by divorce proceedings.

Regarding the 2014 will, Uncle Yao clearly stated in his 2016 letter materials that he wanted to withdraw it and explained the reasons for the withdrawal to Mr. Yao. Although Mr. Yao stated that he did not receive any subsequent revocation letters, like making a will, revoking a will is also based on the unilateral expression of the testator's will, without the consent of the testator, and without even notifying the testator. Therefore, regardless of whether Mr. Yao receives a revocation letter or expresses recognition, the will signed by Mr. Yao in 2014 has been revoked in 2016 and has no legal effect.

Regarding the 2017 will, the content is consistent with the 2012 will, and it also requires Aunt Ran to inherit her estate on her own as long as she treats her well. Xiao Yao, Xiao Zhao, and Mr. Yao all believe that Aunt Ran treated Uncle Yao poorly, took care of her poorly, and even gave up treatment multiple times when her condition was critical. Aunt Ran stated that this was a reasonable choice based on her husband's condition.

The court believes that the condition of "treating me well" is quite subjective. Aunt Ran and Uncle Yao have been married for many years and live together. They bear the responsibility of taking care of and supporting Uncle Yao alone, which is already difficult. They can inherit his estate according to Uncle Yao's will; Xiao Yao, Xiao Zhao, or Mr. Yao did not live with Uncle Yao, and their interactions were not close. They could not fully understand the emotional status and interaction patterns of the couple. Aunt Ran's conservative treatment of her husband, who is old, seriously ill, and weak, should not be considered as abuse or abandonment of Uncle Yao. Although Uncle Yao filed a divorce lawsuit, the two continued to live together for many years and their relationship has been healed. Uncle Yao expressed a positive attitude towards Aunt Ran in his letter revoking his 2014 will, and later made another will, stating that his inheritance would be inherited by Aunt Ran, indicating his true intention. Based on this, the court ruled that according to the 2017 will, Aunt Ran will inherit the share of the property.

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