Dao Hua Success Cases | At the Age of Thirty, Discovering His Father Had a Secret Son, Dao Hua Lawyers Help the Spouse's Children Secure Ten Million RMB in Property

Case Summary

The Civil Code stipulates that children born out of wedlock can inherit the heritage of their father or mother. How can the legitimate children as the original spouse's children safeguard their own interests?

Previously, Mr. Mao found the Dao Hua Family Law Firm. It turned out that several months ago, he discovered that his father, who is over 60 years old, has a son who is nearly seven years old outside. Mr. Mao's father owns two small property buildings in a street of Bao'an District, Shenzhen, which are jointly owned by him and his mother.

Mr. Mao and his mother, wife are worried that the relevant property may fall into the hands of their seven-year-old illegitimate child. After being refused a notarization by the Shenzhen Notary Office, they sought help from the Dahuo Law Firm.

Investigation process

There are two issues in the process of handling this entrustment.

Firstly, "small property rights houses" is a term commonly used in social practice. They have not obtained relevant documents and have not paid land transfer fees and other charges. The sale and purchase of small property rights houses are not recognized and protected by law, and notarization offices do not provide notarization services for the disposition of small property rights houses.

Secondly, the will already established can also be arbitrarily changed, as long as the testator, before their death, within the scope allowed by law, can revoke, modify, or establish a new will based on the actual circumstances.

In response, the Dào Huá lawyer, after evaluating and analyzing the situation, came up with a plan more suitable for Mr. Máo's family—drawing up a marital agreement for his parents and then making a handwritten will in the name of the mother.

Firstly, the Dahu Law Firm drafted a marital agreement for Mr. Mao's parents, stipulating that the ownership of the two small property rights buildings would belong to Mr. Mao's mother. This made his father not the owner of the property. Secondly, his mother made a will, specifying that after her death, the property would be inherited by Mr. Mao individually. This action avoided the possibility of Mr. Mao's father changing the will at any time and, as his mother agreed that the property would belong to Mr. Mao in the future, the establishment of a legally valid will also resolved the difficulty of registering the ownership of the small property rights houses with the notary office.

Case outcome

Drafted and established the "Marital Agreement" and "Will" for Mr. Mao's family, ensuring the ownership of two small property buildings under the name of his parents, avoiding the situation where an illegitimate child of Mr. Mao's father would claim inheritance of the estate after his death, and safeguarding the relevant interests of Mr. Mao and his mother as the original wife and legitimate child.

Dahua Lawyer · Discussing Law and Philosophy

According to the provisions of the Civil Code and other relevant laws and regulations, the inheritance rights of illegitimate children are legally protected, and they enjoy all the rights as legitimate children, and it is not allowed for any individual, organization, or legal entity to harm or discriminate against them.

So at this point, how should natural-born children and the original spouse safeguard their rights? And how can the effectiveness of this plan be ensured, so that it will not be changed due to the blowing of a new "bedside wind"?

Due to the inability to notarize the property rights of "small property houses," how to ensure that the house is entirely inherited by Mr. Mao. The solution provided by the law firm Dao Hua not only guarantees the rights of Mr. Mao's mother as the original wife and his legitimate son, but also protects Mr. Mao's personal property rights. The will of Mr. Mao's mother explicitly states that the small property house is part of the inheritance, to be inherited by Mr. Mao individually, and not as the joint property of the couple during their marriage.

This case provides practical value and reference for issues such as determining the ownership of small property rights houses, safeguarding the rights and interests of legitimate offspring, and ensuring personal interests in marital relationships.