Dao Hua Successful Cases | Five Brothers Dispute Large Compensation, Dao Hua Lawyers Mediate Withdrawal of Other Four Brothers from Inheritance

Case Summary

In 2015, the Wang family received a substantial compensation for the demolition of their house. As the father passed away early, the mother, alone, managed the large family, which included five brothers. To avoid family disputes after her death due to the substantial compensation, the mother had previously made a will, specifying that the compensation for the house should be inherited by Mr. Wang alone. Upon learning of the will, the other four brothers were very dissatisfied, believing that the mother was deceived by Mr. Wang into transferring all the compensation to him, and that the will did not comply with the legal form and should be deemed invalid. The four brothers jointly sued Mr. Wang in court, seeking to declare the will invalid. After the mother's death, the compensation for the house demolition should be evenly divided among the five brothers.

Mr. Wang, under duress, did not want to destroy the family's brotherly affection nor go against his mother's wishes, and had to seek legal assistance from the Dao Hua Marriage and Family Law Firm to maintain family unity and protect his own legitimate rights and interests.

Case Process

Considering that the mother was still alive and that the parties to the lawsuit were brothers and an internal family issue, the Dao Hua Law Firm believed that negotiation and mediation were the best course of action. Moreover, as the mother of the client, Mr. Wang, was elderly, seeing her children in court was also detrimental to her health. Because Mr. Wang had no professional guidance in the early stages and had not yet secured relevant evidence, it was difficult to obtain evidence and information after taking over the case. Additionally, the benefits of the demolition included various forms such as compensation for the demolition and the repurchase of designated resettlement housing, making the funds complex. The Dao Hua Law Firm then conducted a detailed study of the scope, types, and shares of the specific demolition compensation benefits, as well as the demolition archives and policies. After clarifying these difficulties, the Dao Hua Law Firm formulated a practical and feasible mediation strategy. The lawyers of the Dao Hua Law Firm individually met with each brother of the Wang family, personally understood the case, and found the key points of the case. They also invited the mother to join the mediation herself, explaining the reasons for the will distribution, making clear her true intentions, and劝阻王家兄弟以和为贵. Under the emotional appeal of the mother and the legal clarification of the Dao Hua lawyers, the brothers finally resolved their misunderstandings, withdrew the lawsuit, and reconciled.

Case Outcome

Under the mediation of the Dao Hua lawyers, the brothers of the Wang family finally reached an agreement.

1. The other four brothers voluntarily waived their inheritance rights.

2. According to the will of the mother, the compensation for the house should be inherited by Mr. Wang alone.

Dao Hua Analysis

The most critical point in determining the validity of a will is whether the content of the will reflects the true intentions of the deceased. The original intention of the legal requirements for the formalities of a will is also to ensure the true intentions of the deceased, prevent others from tampering with the will, and seize the inheritance. After all, the deceased certainly wants the will to take effect when making a will, so that their personal property can be distributed according to their wishes before death. No one makes a will to make it invalid. Therefore, in judicial practice, in order to ensure that the ultimate true intentions of the testator can be realized, the formal requirements of the will can be appropriately relaxed. If the content is clear, and there is sufficient evidence to prove that it is the true intention of the testator, and it can be supplemented in other ways to make up for the shortcomings in the form of the will, it can be deemed a legally valid will. In this way, while ensuring the authenticity of the will, the innermost intentions of the testator can be preserved to the greatest extent, and the inheritance can be distributed in the most appropriate and reasonable manner.