Dao Hua Inheritance · Legal Practice | Shenzhen Professional Inheritance Lawyer Tang Yunhong Discusses: From the Passing of Mr. Zhang Xuefeng, to Inheritance and Estate Planning During Life

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Guangdong Dao Hua Law Firm, Dao Hua Marriage and Family Law Team, Tang Yunhong Lawyer, Top Ten Divorce Lawyers in Shenzhen, Top Ten Inheritance Lawyers, Professional Divorce and Inheritance Litigation Lawyers in the Guangdong-Hong Kong-Macau Greater Bay Area, Renowned Lawyers for Large Family Properties, Numerous Successful Case Wins, Particularly Skilled in Handling: difficult property division/court litigation, listed company equity/fund/share division, real estate, Shenzhen small property rights houses/farmer houses, land, factories, virtual currency assets, Hong Kong divorce property division, marital/divorce property agreements, tax planning, debt isolation, divorce property transfer, cross-border inheritance, will notarization, will/inheritance disputes litigation, will drafting and validity determination, old city renovation and demolition, civil and criminal overlap, cross-border collaboration, etc. Service Areas: Guangdong, Shenzhen, Futian, Hong Kong, Macau, Overseas, Guangzhou, Zhongshan, Zhuhai, Foshan, Huizhou, Dongguan.

Introduction:Yesterday, Mr. Zhang Xuefeng, in the prime of his life, suddenly passed away, leaving endless sorrow for his family and also posing a severe practical problem:Without a will, where will the billions go?Above are the elderly parents, below are the minor children, by one's side is a partner who has walked through half a lifetime together, and the properties, equity, and savings accumulated through a lifetime of struggle should have been a solid support for protecting the family. However, due to an unexpected event, they were instantly plunged intoLegal inheritanceThe complex vortex. In Shenzhen, a city with diverse asset forms and a gathering place for high-net-worth families, withoutEstate planningA debate aboutInheritance of heritageThe disputes are likely to become the fuse that triggers the breakdown of family ties. Wealth inheritance has never been a "bad omen" rehearsal, but rather the deepest responsibility and safety net for the closest relatives.

One, an unexpected farewell, tears open the realistic pain points of wealth inheritance.

Yesterday, the news of Mr. Zhang Xuefeng's sudden passing moved the hearts of countless people. At the prime of life, with a successful career, he had elderly parents above and underage children below, as well as a family he had been with for many years. The wealth and career he had fought for throughout his life should have been the foundation for his family's stable life, but due to an unexpected turn of events, his posthumous affairs have become filled with many uncertainties.

As a professional lawyer specializing in the Shenzhen marriage and inheritance field for over a decade, I have handled hundreds of inheritance and property division cases, and have seen too many tragedies where lack of advance planning has led to family feuds, property disputes, and the unfulfilled wishes of the deceased. Mr. Zhang Xuefeng's passing once again serves as a wake-up call for everyone:Life-time property planning is never a “bad luck” topic, but the most responsible safety net for family, and the core prerequisite for wealth inheritance.Especially in cities like Shenzhen, where there is a concentration of high-net-worth individuals and complex composition of family assets (including properties, savings, equity, investments, intellectual property rights, etc.), without a sound inheritance plan, the subsequent disputes often consume a lot of time and effort, and can severely damage family relationships.

The author of this article, Lawyer Tang Yunhong, will combine the core provisions of the Inheritance Chapter of the Civil Code and real local inheritance cases in Shenzhen to comprehensively analyze the rules of inheritance distribution, common misconceptions about inheritance, and at the same time, provide readers with practical pre-death property planning solutions. Additionally, it offers professional legal guidance to readers with inheritance disputes or needs for wealth succession.

Second, if there is no will, how is the inheritance divided?

Many people have a misconception: "I don't have a will, and the law will help distribute my property to my family," but legal inheritance has strict order and rules, which is not as "natural" as everyone imagines. Especially when it involves the joint property of husband and wife, or the common property of the family, the logic of division becomes even more complex.

Attorney Tang Yunhong combined with the provisions of Article 1123 and Article 1127 of the Civil Code, when there is no will or no agreement for the support and inheritance of the deceased, the inheritance shall be...Legal inheritanceThe core rules for handling are clearly explained to the readers as follows:

(1) Legal succession: First priority for the first order, non-participation for the second order

1. First-degree heirs: spouse, children, parents.

2. Second-order heirs: siblings, grandparents, and grandparents-in-law.

3. After the inheritance begins, the first-order heir inherits, and the second-order heir does not inherit; if there is no first-order heir, then the second-order heir inherits. Here, children include legitimate children, illegitimate children, adopted children, and stepchildren with a foster relationship; parents include biological parents, adoptive parents, and stepparents with a foster relationship, which is also a key point that often leads to disputes in practice.

(2) Inheritance steps: First, appraise the property, then inherit

For most families in Shenzhen, the properties, savings, vehicles, and shares of the deceased usually belong to the joint property of the couple.The first step in partition is to separate out half of the spouse's share, with the remaining half belonging to the deceased's estate, which is then evenly divided among the first-degree heirs.

For example: Mr. Zhang (pseudonym) owns a fully paid-off property in Futian, Shenzhen, purchased after marriage, with a market value of 12 million yuan. He passed away suddenly without a will, and the first in line for inheritance are his wife, a 10-year-old son, and his 70-year-old parents. Step one: divide the wife's joint property share of 6 million yuan; step two: the remaining 6 million yuan as inheritance is evenly divided among the wife, son, and parents, each receiving 1.5 million yuan.

The seemingly fair rules hide many hidden dangers: How can the supervision of the inheritance of minor children be implemented? Will the inheritance share of elderly parents lead to disputes among siblings later on? Will the division of company shares directly affect the normal operation of the enterprise? These issues cannot be completely avoided by legal inheritance, and can only be solved by pre-death planning.

Shenzhen real case: Apainful lesson of intestate succession

Attorney Tang Yunhong once encountered a succession dispute case in Nanshan, Shenzhen.

Party Li Mr. (pseudonym), founder of Shenzhen Technology Company, died suddenly of illness, without leaving a will. He owned multiple properties in Nanshan, Shenzhen, company shares, and deposits totaling over ten million yuan. The first in line of inheritance are his wife, his underage daughter, and his parents. Because Li's parents favored sons over daughters, they insisted on getting a larger share of the inheritance, even advocating for the shares to be taken over by family members, leading to a fierce conflict with Li's wife. The dispute escalated from family arguments to court litigation, taking years to resolve. During this period, due to the inheritance dispute, there was no decision-making on the company shares, resulting in a significant decline in business. The originally harmonious family completely turned against each other.

This case confirms that:Legal inheritance is only a fallback rule, which cannot take into account the special circumstances of the family, nor can it realize the true wishes of the deceased. Advance planning is necessary to avoid more than 90% of inheritance disputes.

As a professional marriage and inheritance lawyer at the Dao Hua Law Firm in Guangdong, my team specializes in local marriage and family, and inheritance cases in Shenzhen, customizing wealth inheritance plans for thousands of Shenzhen families. The core planning methods are divided into three categories, catering to different family needs:

(1) Basic Planning

A will is the preferred tool for wealth inheritance, with low costs and strong effectiveness, and can clearly specify matters such as the distribution of inheritance, guardianship of children, and property supervision. When making a will, attention should be paid to:

1. Choose the legal form:Self-written wills, wills written by proxies, printed wills, notarized wills, etc., it is recommended to prioritize notarized wills or wills witnessed by lawyers to avoid formal defects leading to invalidity.

2. Clarify the scope of property.Detailedly list all assets such as Shenzhen real estate, savings, equity, and investment, to avoid any omissions.

3. Designate exclusive inheritance:The property can be explicitly owned by the children individually, unrelated to their spouse, to prevent the outflow of family property due to divorce (a necessary clause for Shenzhen's high-net-worth families).

(Second) Advanced Planning

For those without children or those who need non-relatives to care for them, a legacy and support agreement can be signed, stipulating that the caregiver assumes the obligations of raising and burying, and after death, the corresponding property is bequeathed. Its effectiveness takes precedence over wills and legal inheritance, providing better protection for their later years.

(3) High-end planning

For Shenzhen entrepreneurs and high-net-worth individuals, with large and complex asset portfolios, establishing family trusts and optimizing the corporate equity structure can achieve asset isolation and controllable inheritance, avoiding inheritance disputes that may affect business operations, while also ensuring the long-term well-being of minor children and elderly family members.

V. Message from Tang Yunhong Lawyer

The person has passed away, and the living continue as before. Mr. Zhang Xuefeng's departure reminds us once again that life is unpredictable, and the inheritance of wealth has never been a distant topic, but rather a compulsory course for every family.

In this city of Shenzhen, everyone works hard and accumulates wealth with the original intention of ensuring the stability and happiness of their families. A professional will and a comprehensive property plan are not predictions of life, but a safety net for the family and a protection of kinship.

Daohua Family Law Firm, specializing for ten years in major property marriage and family legal services, is areal-world practice expert in marriage inheritance and family disputes (mediation/trial) and 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 extensive practical experience in mediation and litigation in major complex marriage and family disputes, inheritance disputes, will drafting, and family property distribution. The team is adept at handling difficult divorce property division cases involving Shenzhen's small property rights houses, village committee shares, and other disputes, as well as will drafting and notarization, 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 and taxation. With a wealth of successful cases, we provide a comprehensive package of solutions for high-net-worth individuals (including those from Hong Kong, Macau, and foreign nationals) in marriage, family affairs, and wealth inheritance, aiming to achieve risk prevention and control, debt isolation, and the beautiful vision of family wealth inheritance. Asset types cover: real estate (residential 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 "Dahua Successful Cases in Marriage and Inheritance" and "Legal Practice of Family Wealth Inheritance," and both legal practice and theoretical research have achieved remarkable results.

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