Dao Hua Successful Cases | A Young Girl, to Repay Her Parental Love, Entrusts Dao Hua's Inheritance Lawyer Tang Yunhong to Set a Will to Leave Her Property Including Small Property Rights Houses,

One,Case review

In the summer of 2022, a 22-year-old woman named Zhou walked into the Dao Hua Law Firm on Guangdong Road with a worried expression, asking to consult with the head of the Dao Hua Marriage and Family Law Team, Tang Yunhong, in person, seeking professional legal assistance.

After Lawyer Tang Yunhong received the case, she learned that: Ms. Zhou has just gotten married, but due to poor health, she is worried about potential complications during childbirth, so she wants to leave her properties, including the small property house under her name, shares and dividends of a certain shareholding company in Longgang, Shenzhen, bank deposits, gold bars, stocks, and funds, to her mother in case of any unforeseen events. However, due to the historicalparticularity of the small property houses in Shenzhen, it is not possible to transfer ownership, and she is worried that her mother may not actually be able to enjoy the house. She is also concerned about the difficulty in preserving the gold bars and potential disputes in the future.

Madam Zhou's claim: In the event of an unforeseen incident, all of her property shall be bequeathed to her mother in gratitude for her mother's nurturing.

Second,Dispute focus

After accepting theentrustment from Madam Zhou, Lawyer Tang Yunhong immediately led the team to start working, but this case involves the following several focal issues:

1. The choice of will form.According to the provisions of China's Civil Code, the only legally recognized forms of wills are six: handwritten wills, wills written by another person, printed wills, wills recorded by audio or video, oral wills, and notarized wills. Any wills not in these six forms are invalid. In this case, which form of will should be chosen?

2. Clarify the scope of personal property.According to the provisions of China's Civil Code, the default property system for married couples in our country is the community property system, that is, property acquired after marriage is deemed to be jointly owned by both spouses. Ms. Zhou is already married, and there is a situation of commingling between her cash deposits and gold jewelry before marriage and her post-marriage property. It is necessary to clarify her personal property, otherwise, disposing of the joint property of the couple will render the part of the will invalid.

How to handle inheritance and transfer of Shenzhen's small property houses.Shenzhen's small property houses have various situations, including green book houses, brown book houses, village committee constructed buildings, fund-raised houses, or even illegal buildings with only historical legacy declarations and registrations, or even no materials at all. Due to historical reasons, these houses are prohibited from trading on the market and cannot be registered or transferred at the real estate registration center, therefore, inheritance cannot be handled there as well. However, in reality, these houses in Longgang, Shenzhen, have significant utility value. How should inheritance and transfer be handled?

How to handle the inheritance of gold jewelry.According to the provisions of the Property Right Chapter of the Civil Code of our country, gold jewelry is considered movable property, where possession equals ownership. How should inheritance be handled?

Three,Investigation process

In response to the above focal issues, Lawyer Tang Yunhong quickly determined the solution based on Ms. Zhou's demands and implemented it.

1. Determine the handling of notarized will.A notarized will refers to a will established through a notarial procedure, which is a form of will with strong evidence power. When there are several wills with conflicting contents at the same time, the notarized will prevails. Considering the stronger effectiveness of the notarized will and the risk of invalidity in other forms of wills, Lawyer Tang Yunhong decided to adopt the form of a notarized will.

2. Draft a "Marital Property Agreement" to clarify individual property.Tang Yunhong had a discussion with Ms. Zhou and her husband, clarifying the part of Ms. Zhou's personal property, and both parties signed the "Marital Property Agreement" to ensure that Ms. Zhou is disposing of her personal property rather than the joint property of the couple.

3. Draft the will.Based on Ms. Zhou's type of property, cash deposits, gold jewelry, village committee shares and dividends are explicitly bequeathed to her mother, the "other personal property under different ownership" clause for the small property rights house is explicitly bequeathed to her mother, and her husband is required to sign to confirm. At the same time, it is explicitly reminded to Ms. Zhou that once a will is established, the pre-marital cash deposits will be used in this card to avoid the risk of property confusion during marriage. As for environmental jewelry, it is recommended to establish a separate bank safe deposit box for storage.

4. Handle notarization.The execution of a notarized will requires the testator to personally go to the notary office to orally state or write the will. The notary personnel shall carefully examine the authenticity and legality of the will. After confirming its validity, the notary shall issue the "Notarized Will Certificate." The notarized will shall be signed by the notary and the testator, stamped with the seal of the notary office, and made into two copies, one kept by the notary office and the other by the testator. The amendment and revocation of the notarized will also require notarial procedures. It ensures the authenticity, legality, and validity of the will.

Four,Investigation results

Ms. Zhou successfully obtained a notarized will.

Five,Insight from law enforcement

"Amongst all virtues, filial piety comes first." When Tang Yunhong, the lawyer, heard Madam Zhou say, "If anything happens to me, the only thing I can't rest easy about is my mother. My mother has worked very hard to raise me and my brother. If I'm not around, I must leave all my property to my mother for her to live on in her old age, as a way to repay her for her nurturing." The lawyer was moved by this.

In handling this case, Lawyer Tang Yunhong pointed out:

1. A will is one of the tools for the inheritance of family wealth, and its convenience has been widely used in society.

2. Wills have limitations because there are only 6 statutory forms, and any will in any other form outside of these 6 is invalid. Therefore, wills drafted by non-professionals may be invalid due to the lack of legal expertise.

In summary, considering the above situations, it is recommended that everyone choose a notarized will, and please seek assistance from professional will and inheritance lawyers to ensure the smooth inheritance of family property and avoid family disputes.

(Tang Yunhong, lawyer)

Six,Team Introduction

Dao Hua Marriage and Family Law Firm, ten years focused on · major property marriage and family legal services, expert in marriage inheritance and family disputes (mediation/trial), is [Shenzhen native]- One of the influential brands in marriage inheritance and wealth management legal services. The team has handled over 1000 cases related to marriage inheritance, and has extensive experience in dispute resolution fields such as complex marriage and family matters, inheritance disputes, will drafting, and family property distribution. Applying local wisdom, the team is skilled in handling difficult divorce property division cases involving Shenzhen's small property rights houses, village committee shares, and will drafting and notarization, as well as inheritance disputes, winning unanimous praise from clients.

Adhering to the philosophy of "securing property safety, preventing legal risks, and empowering wealth appreciation," we gather experts from industries such as law, banking, insurance, and finance tax, with rich successful cases. We provide a comprehensive package of solutions for marriage, family affairs, and wealth inheritance for high-net-worth individuals (including those from Hong Kong, Macau, and foreign nationals), 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 housing, land use rights, etc.), various property rights and interests (equity, debt, relocation compensation, copyright, invention patents, etc.). The team has completed the compilation of "Daohua Successful Cases of Marriage and Inheritance" and "Legal Practice of Family Wealth Inheritance," and both legal practice and theoretical research have achieved remarkable results.