Dao Hua Case Analysis | Male Party Waives Inheritance Rights in Writing After Female Party's Death, Cannot Participate in Inheritance

Case Summary:

Su Mou, a senior executive of a large enterprise, had a substantial income. Later, Su Mou registered a marriage in Hong Kong with the defendant Chen Mou. After marriage, Chen Mou's gambling addiction became apparent, and Su Mou repeatedly paid off high gambling debts for her out of their marital feelings. However, what Su Mou could not bear was that Chen Mou had been maintaining an extramarital affair for a long time, which was discovered multiple times by Su Mou, yet she did not repent. After encountering Chen Mou's extramarital affair multiple times and seeing no remorse from Chen Mou, Su Mou 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 Mou confessed to her guilt in front of Su Mou's tomb and promised in the presence of many relatives and friends to abandon all rights and that all properties and other assets belong to Su Mou. Su Mou's parents knew her character and therefore demanded that she write a testament and requested the signatures of witnesses. However, after writing the promise, Chen Mou never cooperated in handling the property transfer registration procedures. On this basis, Chen Mou refused to communicate with Su Mou's parents and cooperate, and sued the court to request a judgment that the property rights of the housing under Su Mou's name belong to the plaintiff.

Trial Process:

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

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

However, in view of the fact that the defendant Chen Mou has issued a written promise to the two plaintiffs, stating: "I, Chen Mou, 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 Mou, as well as all cash and savings, to the names of Su Mou's father Su Mou (ID number XX) and mother Liang Mou (ID number XX), and to abandon all claims, and this promise is signed and confirmed by a third party witness, Li Mou." Therefore, the court has determined that the defendant Chen Mou has voluntarily abandoned his inheritance rights.

Ultimately, the court ordered that the property rights of the housing under Su Mou's name belong to Su Mou's parents, and the defendant should cooperate within a specified time to transfer the property.

Legal 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 bequeathed according to the will or testament; if there is a will and testament of support and maintenance, 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 intention to renounce inheritance in writing to other heirs.

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