Gambling Addiction and Extramarital Affairs: A Court's Decision on Inheritance Dispute

Case Summary

Su was a senior executive at a large enterprise before his death, with a substantial income. Later, Su and the defendant Chen, the respondent in this case, were registered as married in Hong Kong. After marriage, Chen's gambling addiction became apparent, and Su repeatedly paid off Chen's high-interest gambling debts out of their marital feelings. However, what Su could not bear was that Chen had been maintaining an extramarital affair for a long time, which was discovered by Su multiple times, yet Chen showed no remorse. After encountering Chen's extramarital affair multiple times and seeing no sign of repentance, Su could no longer bear the emotional torment and committed suicide in her fully paid-for Hong Kong residence in the third year of marriage.

Chen confessed to his sorrow in front of Su's tomb and promised in the presence of many relatives and friends to give up all rights and that all properties and other assets belong to Su. Su's parents knew his character and therefore demanded that he write a statement and have the witness's signature. However, after writing the promise, Chen never cooperated in handling the property transfer registration procedures. On this basis, Chen refused to communicate with Su's parents and cooperate, and sued the court to request a judgment that the property under Su's name belongs to the plaintiff.  

Trial Process

Firstly, the court verified the identities of the parties, with the plaintiff Su XX and Liang being the father and mother of the deceased Su, and the defendant Chen being the husband of the deceased Su.

Secondly, the court tried the marriage facts between Su and Chen, and recognized the inheritance qualifications of Su's father and mother. The deceased Su and the defendant Chen were registered as married in Hong Kong on XXth of XX, 20XX, and had no children after marriage. The deceased Su committed suicide in her apartment in Hong Kong on XXth of XX, 20XX. The plaintiff Su XX, Liang, and the defendant Chen are all legal heirs of Su.

However, in view of the fact that the defendant Chen has issued a written promise to the two plaintiffs, stating: "I, Chen, with ID number XX, agree to transfer the movable property, one vehicle, and immovable property (a property located in Shenzhen) left behind by my wife Su, as well as all cash and savings, to the names of Su XX (ID number XX) and Liang (ID number XX), my father and mother, respectively, and give up all claims, and this promise is signed and confirmed by a third party, Li M.," the court hereby determines that the defendant Chen has voluntarily renounced his inheritance rights.

Ultimately, the court ordered that the property under Su's name be owned by Su's parents, and the defendant should cooperate within a specified time to transfer the property.

Dowah Lawyer's Analysis

1. According to the "Inheritance Law of the People's Republic of China": The inheritance is inherited in the following order: the first order is the spouse, children, and parents. After the inheritance begins, it is handled according to the statutory inheritance; if there is a will, it is inherited or donated according to the will; if there is a inheritance and support agreement, it is handled according to the agreement.

2. According to the "Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the "Inheritance Law of the People's Republic of China" and Other Relevant Laws": The heir should express his or her renunciation of inheritance in writing to other heirs.

In summary, the plaintiff Su XX, the plaintiff Liang, and the defendant Chen are all legal heirs of the deceased Su Guomin. However, after the inheritance begins, the defendant Chen has expressed in writing his renunciation of inheritance rights to the other two heirs, which is legally valid. Firstly, the renunciation occurred after the inheritance began and before the distribution of the heritage; secondly, it is explicitly stated in writing that he has renounced the inheritance of all the aforementioned property, and there is a third-party witness, making the renunciation genuine and effective. Therefore, Su's property should be inherited by her parents, the two plaintiffs in this case.

Special Note

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Dowah Family Law and Matrimonial Law Team (Ed.)