Mr. Pan owns multiple small property houses in Shenzhen and land tenancy rights in Huizhou. He has three children with his late wife and two brothers in Hong Kong. To avoid family disputes, he entrusted the Dao Hua Marriage and Family Law Firm to draft a will. Lawyer Tang Yunhong led the team to quickly confirm the inheritance plan, successfully complete the confirmation of the small property houses through notarization, and ensure the legality and effectiveness of the will.

I. Case Summary

Mr. Pan has been running a business in Shenzhen for many years. His wife passed away in Shenzhen in 2021. He has two sons and one daughter with his wife, and all three children have settled down. After his wife's death, Mr. Pan wanted to distribute his properties, such as the small property houses under his name, through a will to avoid future family disputes. However, due to the special nature of the small property houses in Shenzhen, Mr. Pan only had the corresponding historical declaration and registration receipt as proof. The receipt, in addition to Mr. Pan's name, also listed the names of his two brothers living in Hong Kong, his wife, and his two sons.

Facing unclear property ownership and a complex situation of heirs, Mr. Pan worried that his small property houses under his name would not be inherited by his three children. He eventually sought assistance from the Dao Hua Marriage and Family Law Firm to draft a will, to confirm the ownership of the small property houses under his name, and to ensure that his accumulated wealth over the years could be smoothly passed on to his three children.

II. Case Process

1. After accepting the委托, Lawyer Tang Yunhong led the marriage law team to quickly determine the inheritance plan. After communicating with Mr. Pan, the specific situation of the small property houses under his name and the family situation were clarified. Based on her many years of experience in handling inheritance cases for small property houses in Shenzhen, Lawyer Tang Yunhong judged that the small property houses and tenancy rights under Mr. Pan's name could be inherited through the will. To fully meet Mr. Pan's needs, Lawyer Tang Yunhong and her team determined to proceed with the plan of notarized will and family property distribution agreement.

2. After the plan was determined, Lawyer Tang Yunhong and the Dao Hua Law Firm team concurrently drafted the family property distribution agreement and the will. Considering the issue of joint marital property between Mr. Pan and his wife, Lawyer Tang Yunhong also prepared declarations of renunciation of inheritance rights for the several heirs regarding the share of the wife's property and tenancy rights, to ensure the full implementation of the will's effectiveness and to protect the rights and interests of Mr. Pan and the heirs.

3. Lawyer Tang Yunhong communicated with all parties and coordinated with the notary office personnel to complete the notarization at the designated location.

Lawyer Tang Yunhong led the team to coordinate with the notary to complete the notarization of the family property distribution agreement and the will at the location designated by Mr. Pan, and shortly thereafter obtained the notarized certificate from the notary office.

III. Case Outcome

Mr. Jiang successfully completed the confirmation of the small property rights housing and obtained a legally valid family property distribution agreement and a notarized will.

Four, Insights from Tang Law Practice

Lawyer Tang Yunhong pointed out that in this case, Mr. Pan's property types are complex, involving both common marital property and issues with relatives in Hong Kong. This requires a comprehensive review of all property, distinguishing which are personal properties of Mr. Pan that can be disposed of through a will, and which need to be disposed of through a family property distribution agreement. After clarifying the inheritance plan, the will and distribution agreement are notarized, ensuring the legality and effectiveness of both documents, and also completing the confirmation of the small property rights housing through the notary certificate. At the same time, it ensures that the subsequent effectiveness of the family property distribution agreement and will is legally recognized and smoothly executed, effectively avoiding possible family property disputes in the future and maintaining the harmony of Mr. Pan's family.

A will is the most commonly used and cost-effective method of property inheritance among the public, as the Civil Code has clear legal provisions for the form of a will. Although a will may seem simple, it often requires consideration from multiple aspects such as the form of the will, the nature of the property, the situation of the heirs, etc. A small oversight can potentially lead to defects in the effectiveness of the will or even render the will invalid. Therefore, it is essential to find a professional estate planning and drafting lawyer team to ensure that the will is legally valid and can be fully and smoothly executed.

Lawyer Tang Yunhong

Chief Lawyer, Senior Partner, Guangdong Dao Hua Law Firm

Head Lawyer, Dao Hua Family Law Firm Group

Founder, Dao Hua Tianyi Family Office

Marriage and Family Counselor

Lawyer Tang Yunhong, with ten years of focus on high-value property marriage and family legal services, is skilled in handling major and difficult divorce property division cases, family inheritance and property dispute litigation and mediation, having handled over 500 marriage and family cases with amounts involving tens of billions, and possesses rich experience in winning cases.

Adhering to the philosophy of “preventing and controlling legal risks in family matters, empowering family wealth growth, and safeguarding the inheritance of family generations,” Tang Yunhong, lawyer, co-founded the Daohua 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 policies and regulations of Shenzhen, handling numerous cases related to marriage inheritance, division of property, and other family matters involving Shenzhen small property rights houses, land use rights, and village committee equity, forming the Daohua Marriage and Family Law Firm's characteristic legal services.

Tang Yunhong, lawyer, as a member of the expert group, has been invited to deliver legal seminars on marriage inheritance and wealth inheritance to numerous private banking, insurance, trust, and other institutional clients, enjoying a high reputation in the industry.

The Daohua Marriage and Family Law Firm has focused on ·marriage and family legal 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 local] 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 the fields of large and difficult marriage and family disputes, inheritance disputes, will drafting, and family property distribution, using local wisdom, and is skilled in handling difficult divorce property division 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 solution package for marriage and family matters and wealth inheritance for high-net-worth clients (including Hong Kong, Macau, and expatriates), to achieve the beautiful vision of risk prevention and control, 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 compiled the “Daohua Marriage and Inheritance Successful Case Compilation" and “Legal Practice of Family Wealth Inheritance,” achieving remarkable results in both legal practice and theoretical research.