Dao Hua Case Analysis | The Male Party Waived the Right of Inheritance in Writing After the Female Party's Death, and Shall Not Participate in the Inheritance of the Heritage

Case Summary:

Su Mou, before his death, was a senior executive of a large enterprise with a substantial income. Later, Su Mou registered marriage with the defendant Chen Mou in Hong Kong. After marriage, Chen Mou's gambling addiction was fully exposed, and Su Mou repeatedly paid off high-interest gambling debts for her out of their marital affection. However, what was even more unbearable for Su Mou was that Chen Mou had been maintaining extramarital affairs for a long time, and had been discovered by Su Mou multiple times, yet showed no remorse. After encountering Chen Mou's extramarital affairs multiple times and seeing no sign of repentance from Chen Mou, Su Mou could no longer bear the emotional torment and committed suicide in his fully paid Hong Kong residence three years after marriage.

Chen Mou confessed in pain in front of Su Mou's altar and promised in the presence of many relatives and friends to abandon all rights, with all properties and other assets belonging to Su Mou. Su Mou's parents knew his character and therefore demanded that he write a document as evidence and requested the signatures of witnesses. However, after writing the promise, Chen Mou never cooperated in handling the property transfer registration procedures. Based on this, Chen Mou refused to communicate and cooperate with Su Mou's parents and sued to the court, requesting the court to order that the properties under Su Mou's name be owned by the plaintiff.

Trial process:

Firstly, the court verified the identities of the parties involved. The plaintiff Su Moumou and Liang Mou are the father and mother of the deceased Su Mou, respectively, and the defendant Chen Mou is the husband of the deceased Su Mou.

Secondly, the court heard the marriage facts 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 X month, 20XX, and did not have children after marriage. The deceased Su Mou committed suicide in his residence in Hong Kong on XXth of XX month, 20XX. The plaintiff Su Moumou, 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 letter of commitment to the two plaintiffs, stating: "I, Chen Mou, with ID number ××, agree to transfer the movable property, one vehicle, and immovable property (located in a certain property in Shenzhen) left behind by my wife Su Mou, as well as all cash and deposits, to the name of Su Mou's father Su Moumou (ID number ××) and mother Liang Mou (ID number ××), and to renounce all rights of pursuit. This letter of commitment is signed and confirmed by a witness, an outsider named Li Mou." Therefore, the court hereby determines that the defendant Chen Mou has voluntarily waived his inheritance rights.

In the end, the court ruled that the property rights of the real estate under Su Mou's name belong to Su Mou's parents, and the defendant should cooperate within the specified time to transfer the property.

Lawyer analysis:

1. According to the provisions of the "Inheritance Law of the People's Republic of China": The inheritance of the estate shall be in the following order: the first in order is the spouse, children, and parents. After the inheritance begins, it shall be handled in accordance with the statutory inheritance; if there is a will, it shall be handled in accordance with the will inheritance or legacy; if there is a legacy and support agreement, it shall be handled in accordance with 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'": The heir who renounces inheritance shall express it in writing to the other heirs.

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