I. Case Summary

Mr. Chen's parents passed away in 2011 and 2021, respectively, and he raised three sons, including himself. The other two children are residents of Hong Kong. His mother left a will before her death, bequeathing a property in Shenzhen to her eldest grandson. Mr. Chen entrusted a lawyer in his hometown to assist with the inheritance process, but unfortunately, due to the lawyer's limited understanding of Shenzhen's small property rights houses, the property involved was mistakenly identified as an untransferable “small property rights house”, and the issue remained unresolved until 2024. In the end, it was suggested that Mr. Chen seek a judicial solution.

Facing both helplessness and urgency, Mr. Chen believed that resorting to litigation would be time-consuming and could affect family relationships. He therefore sought legal assistance from the Dao Hua Marriage and Family Law Firm's Tang Yunhong lawyer to maintain family unity and protect his legitimate rights and interests.

II. Case Process

1. On the day of accepting the委托, Tang Yunhong lawyer led the marriage law team to quickly determine the solution. By analyzing the composition of Mr. Chen's family members, Ms. Tang, with years of experience in handling Shenzhen's small property rights houses and a proficient use of notarial inheritance, quickly determined that the property involved was not an “untransferable small property rights house”, and could be transferred normally through the registration center. After communicating with Mr. Chen and his sons, it was learned that the other two sons were willing to renounce their inheritance rights to the property. Up to this point, the lawyer team decided to use the “statutory inheritance” and “inheritance right notarization” solutions for the property inheritance case.

2. After determining the inheritance plan, Tang Yunhong lawyer led the marriage law team to take action and implement the inheritance plan. On the day after accepting the委托, the Tang Yunhong lawyer team went to the real estate registration center and the notary office to understand the necessary documents and evidence for notarial inheritance and inheritance transfer, and, according to Mr. Chen's desire for a quick transfer, ultimately chose to confirm Mr. Chen's inheritance rights through notarization and complete the transfer using the notarial document as the basis for inheritance rights.

3. On the 5th day after accepting the委托, the team accompanied the Chen family brothers to the notary office to apply for the inheritance right notarization. It took two hours in total to complete the declaration of renouncing the inheritance rights to the property and the notarization of inheritance rights, and the notarial certificate was obtained seven days later.

4. On the 13th day after accepting the委托, the team went to the real estate registration center with the necessary documents to handle the house inheritance and transfer procedures and successfully obtained the new property certificate. Up to this point, the property was successfully inherited and transferred.

III. Case Outcome

It took a total of 13 days from the commission to the completion of the property transfer, Mr. Chen obtained 100% of the shares of the property involved, and the transfer was successfully completed at the Real Estate Registration Center.

IV. Thoughts on Tang Law Practice

According to Article 1123 of our "Civil Code" which states "Upon the commencement of succession, the succession shall first be handled in accordance with the statutory succession; if there is a will, it shall be handled in accordance with the testamentary succession or legacy", in practical operation, it does not necessarily mean that succession must be carried out according to the will.

In this case, both of Mr. Chen's brothers were willing to renounce their right of inheritance to the property. Under the circumstances of multiple parties' voluntary agreement, the inheritance right of Mr. Chen was successfully notarized, successfully bypassing the will, and turning to the statutory succession method to complete the inheritance and transfer of the property.

The Daohua Family Law Firm focuses on major property-related family and marriage disputes. The team's lawyers have 10 years of experience and have extensive successful experience in the field of marriage and inheritance. At the same time, Tang Yunhong, lawyer, points out that handling family cases requires the application of family law thinking, which is more conducive to solving problems and can smoothly resolve family conflicts and disputes.

Tang Yunhong Lawyer

High Partner, Daohua Law Firm

Guest Lawyer, Shenzhen Television

Founder, Daohua Tianyi Family Office

Director, Daohua Family and Marriage Research Center

Marriage and Family Counselor

Tang Yunhong Lawyer has focused on major property-related family and marriage legal services for ten years, is skilled in handling major difficult divorce property division, family inheritance property division disputes, litigation and mediation, has handled over 500 marriage and family cases, involving tens of billions in amounts, and has extensive experience in winning cases.

Adhering to the philosophy of “preventing legal risks in family affairs, empowering family wealth growth, and safeguarding the inheritance of family generations,” Tang Yunhong, lawyer, co-founded the Dao Hua Marriage and Family Law Firm and the Family Office, joining hands with industry elites to provide integrated “law, tax, and finance” professional services to over 1000 high-net-worth clients (including Hong Kong expatriates), including private entrepreneurs, shareholders, directors, and supervisors of listed companies, and family women, etc., in the field of family wealth management and inheritance.

Tang Yunhong, lawyer, is well-versed in the historical evolution and policy regulations of Shenzhen, handling numerous cases related to marriage inheritance, division of property, and other issues involving Shenzhen small property rights houses, land use rights, and village committee equity, forming the characteristic legal service of Dao Hua Marriage and Family Law Firm.

Dao Hua Marriage and Family Law Firm

The Dao Hua Marriage and Family Law Firm has focused on marriage and family law services for large-scale property for ten years, is an expert in marriage inheritance and family disputes (mediation/trial), and is one of the influential brands in [Shenzhen] for marriage inheritance and wealth management legal services.

The team has handled over 1000 cases of marriage inheritance, and has rich practical experience in mediation and litigation in complex and difficult marriage and family disputes, inheritance disputes, will drafting, and family property distribution, etc. Utilizing local wisdom, the team is skilled in handling difficult divorce property division cases involving Shenzhen small property rights houses, village committee shares, will drafting and notarization, and inheritance disputes, winning unanimous praise from clients.

Adhering to the philosophy of “ensuring asset security, preventing legal risks, and empowering wealth growth,” the firm assembles experts from the legal, banking, insurance, and tax and finance industries, with a wealth of successful cases, providing a comprehensive one-stop solution for marriage and family affairs and wealth inheritance for high-net-worth clients (including Hong Kong, Macau, and expatriates) to achieve the beautiful vision of risk prevention, debt isolation, and family wealth inheritance.

Asset types cover: real estate (commercial housing, small property rights houses, land use rights, etc.), various property rights and interests (equities, debts, relocation compensation, copyrights, invention patents, etc.).  

The team has completed the compilation of “Dao Hua Marriage and Inheritance Successful Case Compilation" and “Legal Practice of Family Wealth Inheritance,” achieving remarkable results in both legal practice and theoretical research.