In 2020, the deceased passed away due to illness, leaving behind three small property houses in Shenzhen, two red-book houses in Zhanjiang, and several hundred thousand yuan in bank deposits. The five heirs have been in a tug-of-war for nearly three years over the inheritance left by their parents. Eventually, the eldest brother filed a lawsuit against the other heirs, demanding the division of the small property house in Shenzhen. After receiving the lawsuit documents, the third sister contacted my firm, and after communication, she entrusted the case to my firm for handling.

II. Dispute Focus and Case Handling Process

（1）After accepting the委托， Tang Lawyer organized the inheritance situation, calculated the cash value of the property, and prepared a distribution plan.

With only one week left until the court hearing, Tang Lawyer faced a tight schedule and heavy workload. In response, Tang Lawyer first communicated with the client, requesting that the client inform them of all the property left behind by the deceased after their death, including but not limited to real estate, vehicles, deposits, equity stocks, funds, social security, housing fund, and pension, and confirm the current status of each item. They then compared these with the property listed in the lawsuit for division. Tang Lawyer found that nearly half of the inheritance was in the hands of the eldest brother, and none of it was listed in the property division list in the lawsuit. Therefore, Tang Lawyer immediately confirmed with the client whether a counterclaim should be filed to demand the division of the inheritance held by the eldest brother.

（2）Called the court to clarify the status of all the inheritance and informed the court of the mediation proposal we provided.

After preparing the inheritance list, Tang Yunhong Lawyer found that the small property house claimed by the eldest brother as part of the inheritance had been gifted to the third sister before the deceased's death, and all the original documents such as the historical legacy declaration receipt were handed over to the third sister for safekeeping. In fact, for nearly a decade, the property had been occupied, used, and managed by the third sister, and the rent was collected by her. Other siblings were also willing to testify in court on behalf of the third sister. Therefore, we listed the reasons for the non-inheritance portion and submitted a distribution plan for the registered inheritance list to the court. After receiving it, the court actively contacted the plaintiff to mediate and appointed a mediator to guide the mediation proposals of both parties.

（3）Completed the mediation in just one month, resolving the three-year conflict between the siblings.

After the parents passed away, the relationship between the siblings should have been the closest. Based on respecting the deceased's wishes and the legal basis, preparing a property distribution plan was the fastest way to resolve the client's claims. Under the professional mediation skills of Tang Lawyer, the client ultimately preserved the two small property houses gifted to them by their parents and obtained a one-third share of the third small property building.

III. Case Outcome

After the trial by the Bao'an District People's Court of Shenzhen, the parties finally reached a mediation agreement:

1、The two small property houses currently occupied and used by the principal are not part of the inheritance and shall not be divided;

2、The principal has acquired a one-third share of the third small property house, and the remaining two-thirds shall be evenly distributed among the other siblings;

3、The red certificate house and bank deposits at the principal's hometown in Zhanjiang shall be valued by the plaintiff and compensated to each defendant in proportion to each one-fifth share.

Four, Reflections on the Case

At its core, an inheritance dispute is about how to divide money. Close relatives should keep accounts clear, and in the absence of a will, it is necessary to clarify facts such as the current state of the inheritance and whether the deceased had made actual disposition of the property before their death. Mediation within the acceptable range of both parties and the issuance of a legally binding mediation document by the court is the fastest and most effective way to resolve disputes.

（Lawyer Tang）

Five, Legal Regulations

«Civil Code»

Article 1222: The inheritance is the legally owned personal property left by a natural person at the time of their death. Property that may not be inherited under the law or according to its nature shall not be inherited.

Article 1223: After the inheritance begins, it shall be handled in accordance with the statutory succession; if there is a will, it shall be handled in accordance with the testamentary succession or donation; if there is a donation and support agreement, it shall be handled in accordance with the agreement.

Article 1227: The inheritance shall be inherited in the following order: (1) The first order: spouse, children, parents; (2) The second order: siblings, grandparents, grandmothers. After the inheritance begins, the first-order successors shall inherit, and the second-order successors shall not inherit; if there are no first-order successors to inherit, the second-order successors shall inherit.

The term "children" as used in this chapter includes legitimate children, illegitimate children, adopted children, and stepchildren in a foster relationship. The term "parents" as used in this chapter includes biological parents, adoptive parents, and stepparents in a foster relationship. The term "siblings" as used in this chapter includes siblings with the same parents, siblings with different fathers or mothers, adopted siblings, and stepsiblings in a foster relationship.

Article 1130: The shares of inheritance to be inherited by heirs in the same order shall generally be equal. When distributing inheritance to heirs who have special difficulties in living and lack the ability to work, consideration should be given. For heirs who have fulfilled the main obligation of support to the deceased or have lived together with the deceased, they may receive a larger share when distributing inheritance. If the heirs agree through negotiation, they may not be distributed equally.

Dahua Family Law Firm, with ten years of focus on ·marriage and family law services for large and medium-sized property, is a实战 expert in marriage inheritance and family disputes (mediation/trial). It is one of the influential brands in [Shenzhen local] marriage inheritance and wealth management legal services. The team has handled more than 1000 cases of marriage inheritance, and has rich practical experience in mediation and litigation in large and difficult marriage and family disputes, inheritance disputes, will drafting, and family property distribution. The team is skilled in handling difficult divorce property division, will drafting and notarization, and inheritance disputes cases, and has won unanimous praise from clients.

Adhering to the philosophy of "ensuring asset security, preventing legal risks, and empowering wealth growth", the firm gathers experts from the legal, banking, insurance, and tax industries, with a wealth of successful cases, providing a comprehensive one-stop solution for marriage, family, and wealth inheritance for high-net-worth individuals (including Hong Kong, Macau, and foreign nationals). The team aims to achieve the beautiful vision of risk prevention and control, debt isolation, and family wealth inheritance. Asset types include: real estate (residential property, small property rights, land use rights, etc.), various property rights and interests (equity, debt, relocation compensation, copyright, invention patents, etc.). The team has compiled the "Dahua Marriage and Inheritance Successful Case Compilation" and "Legal Practice of Family Wealth Inheritance", and has made outstanding achievements in both legal practice and theoretical research.