Dao Hua Successful Cases | Five Brothers Dispute Substantial 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 managed the large family alone. The Wang family had five brothers in total. 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. After learning of the will, the other four brothers were very dissatisfied, believing that the mother was deceived by Mr. Wang into giving all the compensation for the house demolition to him, and that the will did not comply with the legal form and should be deemed invalid. The four brothers together sued Mr. Wang in court, demanding the confirmation of the will's invalidity. After the mother's death, the five brothers should equally divide the compensation for the house demolition.

Mr. Wang, under duress, did not want to destroy the family's brotherly affection nor go against his mother's wishes, and had no choice but 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.

Investigation process

Dowah Lawyer considered that since the mother of the Wang family is still alive, and the parties to the lawsuit are close brothers and a family internal matter, negotiation and mediation is the best course of action. Moreover, as Mr. Wang's mother is elderly, seeing her children in court is also detrimental to her health. Because Mr. Wang did not have 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 cover various forms such as compensation for demolition and the repurchase of designated resettlement housing, making the funds complex. The Dowah Lawyer team 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 the above difficulties, Dowah Lawyer formulated a practical and feasible mediation strategy. Dowah Lawyer separately found each brother of the Wang family, personally understood the case, and sought out the key points of the case. They also invited Mr. Wang's mother to personally join the mediation, where she personally explained the reasons for the distribution of the will, clearly expressing her true intentions, and advised the brothers of the Wang family to prioritize harmony. Under the emotional appeal of Mr. Wang's mother and the legal clarification of Dowah Lawyer, the brothers of the Wang family eventually resolved the misunderstanding, withdrew the lawsuit, and reconciled.

Case outcome

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

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

2. According to the will of the Queen Mother, the compensation for the house is inherited solely by Mr. Wang.

Dao Hua analysis

The most critical point in determining the validity of a will is whether the content of the will reflects the true intention of the deceased. The original intention of the legal provisions on the formal requirements of a will is also to ensure the true intention of the deceased, prevent others from tampering with the will, and prevent the inheritance from being seized. After all, the deceased would certainly want 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 with the intention of making it invalid. Therefore, in judicial practice, in order to ensure that the ultimate true intention 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 if it can make up for the shortcomings in the form of the will through other means, the will can be deemed legal and valid. This can ensure the authenticity of the will while preserving the innermost intentions of the testator to the greatest extent and distribute the inheritance in the most proper and reasonable manner.