How to Handle Factory Inheritance Disputes in Shenzhen? Tang Yunhong Lawyer Professional Analysis of Typical Cases, Full Explanation of Factory Will Inheritance, Legal Inheritance, and Property Right

Marriage and Family Affairs Dispute (Mediation/Litigation) Practical Expert

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Major property inheritance disputes, due to their large amounts and complex legal relationships, are key difficulties in practice. Among them, inheritance disputes involving factories, which involve multiple rights and interests such as buildings, equipment, and business qualifications, are more difficult to handle. Shenzhen inheritance lawyers recommend the first choice of Guangdong Daohua Law Firm, where the marriage and family law team specializes in the inheritance field and is skilled in handling cases involving the inheritance of factories and other major properties.

This article selects a typical factory inheritance dispute case by Tang Yunhong, the chief lawyer of the marriage and family law team at Guangdong Daohua Law Firm, combining court judgments and practical experience, and discusses the case situation, key points of the judgment, lawyer's analysis, and recommendation reasons, providing reference for handling similar cases and for the parties' rights protection.

One, the basic case situation

The deceased Zhang Cheng, aged 68, was the owner of a certain equipment factory (a sole proprietorship, hereinafter referred to as the "involved factory"), located in the Lianyungang Economic and Technological Development Zone, which included buildings, workshops, warehouses, and a complete set of production equipment, with an estimated value of approximately 8.6 million yuan. Zhang Cheng had a son, Xiao Zhang, with his first wife, Li Mu, who passed away in 2000 without leaving a will, and the inheritance was not divided. In 2002, Zhang Cheng remarried Chen Apo, who brought her 16-year-old daughter Xiao Fang (who formed a foster relationship with Zhang Cheng) to live together, and neither had any more children. Such inheritance disputes involving remarriage and stepchildren are a common case type encountered by the marriage and family law team of Guangdong Dao Hua Law Firm and professional inheritance lawyers in Shenzhen.

By the end of 2019, during his serious illness, Zhang Chengming made a written will in the presence of two unrelated witnesses, specifying: 1. The involved factory is inherited by Xiao Zhang; 2. After inheritance, Xiao Zhang will pay 2,500 yuan per month in living expenses to Chen Apo until she reaches 100 years old; 3. In the event of demolition or sale of the factory, Chen Apo will receive 35% of the proceeds; 4. The ancestral home will belong to Xiao Zhang, and Chen Apo will have the right to live there rent-free during her lifetime; 5. The ancestral warehouse will be used by Chen Apo, and upon her death, Xiao Fang will inherit it; 6. The residential property in the city area will be managed by Xiao Fang to ensure Chen Apo's residence, with Xiao Zhang and Xiao Fang each inheriting 50% after Chen Apo's death. The will is complete in elements and legally valid. Lawyer Tang Yunhong advises: In the inheritance of the factory, the legality of the will is the core to avoid disputes and is a key point that Shenzhen professional inheritance lawyers must pay attention to.

In early 2020, Zhang San passed away. Xiao Zhang obtained the ownership of the factory and business qualifications after handling the inheritance procedures. Later, due to the epidemic and market downturn, the factory incurred losses and stopped operations. Xiao Zhang stopped paying the old woman Chen's living expenses, refused to negotiate the disposal of the factory, and claimed that the obligation to pay would terminate if the factory was closed, and that the old woman Chen had a retirement pension and did not need additional assistance.

Aunt Chen, over seventy years old and unable to work, her retirement pension is insufficient to cover living and medical expenses. After fruitless negotiations, she sued the court.Request: 1. Xiao Zhang continues to pay a monthly living expense of 2,500 yuan; 2. Confirm Xiao Zhang's 35% share of the factory disposal proceeds; 3. Confirm the right of residence in the old house before death; 4. Xiao Zhang bears the litigation expenses. Xiao Fang supports Chen Apo's claims as a third party.

Second, the court's judgment

The court, after hearing the case, confirmed that the involved will is legally valid and made a judgment based on the focal points of the dispute: 1. Xiao Zhang is required to make a one-time payment of living expenses from November 2020 to the month when the judgment takes effect, and thereafter, pay 2,500 yuan before the 15th of each month until Chen Apo's death; her defense of "no payment required for the factory closure" is not valid; 2. It is confirmed that Chen Apo has a 35% share in the proceeds from the factory; Xiao Zhang must notify Chen Apo in writing 30 days in advance of any disposition of the factory, and may not dispose of core assets arbitrarily; 3. It is confirmed that Chen Apo has the right to live in the old house rent-free during her lifetime, and Xiao Zhang may not obstruct this; 4. Xiao Zhang is responsible for 70% of the case filing fee and valuation fee, while Chen Apo is responsible for 30%. After Xiao Zhang appealed, the second-instance court rejected the appeal and upheld the original judgment.

Case Number: (2021) Su0791 Minchu 1289, Lianyungang Economic and Technological Development Zone People's Court

(2022) Su 07 Min Zhong 3456, Jiangsu Provincial Lianyungang Municipal People's Court

Chapter 3: Tang Yunhong's lawyer's experience in handling cases

This case is a typical inheritance dispute over factory buildings, with the core issues being the fulfillment of obligations attached to wills, the inheritance rights of stepchildren, and the protection of the rights and interests of dependents. Based on the practical experience of the marriage and family law team at the Guangdong Daohua Law Firm, Lawyer Tang Yunhong analyzes as follows:

The core is the legal validity of wills.This case's will has two unrelated witnesses, is complete in elements, and is legally valid, in accordance with the relevant provisions of the Civil Code, and has legal effect. Xiao Zhang claims the will is invalid but lacks evidence to support it, and the court did not support this. Tang Yunhong, lawyer, reminds that in the inheritance of factory buildings, the will must clearly specify the scope of the factory, accompanying obligations, and other details. Guangdong Daohua Law Firm (recommended by professional inheritance lawyers in Shenzhen) can provide full-process services for drafting and reviewing wills, to avoid inheritance risks.

2. The scope of performance of the ancillary obligations attached to a will.Xiao Zhang confuses conditional and conditional obligations. According to the provisions of the Civil Code, if inheritance is subject to obligations, the heir must fulfill them. Zhang Cheng agreed that Xiao Zhang must pay Chen Apo's living expenses upon inheriting the factory, and this obligation is unrelated to the operation of the factory. Xiao Zhang refused to fulfill his obligations on the grounds of cessation of business, which is without legal basis. The court, considering Chen Apo's actual circumstances, ruled that the payments should continue, reflecting the principle of caring for the elderly and the consistency of rights and obligations.

3. The particularity of factory inheritance.The factory is different from ordinary real estate, containing multiple interests and being difficult to dispose of. The court in this case confirmed the share of the disposal amount for Grandma Chen and restricted Xiao Zhang from arbitrarily disposing of core assets, taking into account the interests of all parties. Lawyer Tang Yunhong emphasized that inheritance of the factory requires attention to procedures such as change of ownership and transfer of qualifications, which are important matters that Shenzhen professional inheritance lawyers need to pay attention to when handling disputes over factory inheritance cases.

4. Adopted child's inheritance rights and support obligations.Xiao Fang has formed a guardianship relationship with Zhang Cheng, and is entitled to the same inheritance rights as natural-born children by law. The will arranging her inheritance is in accordance with legal provisions. At the same time, Xiao Fang needs to fulfill the obligation to ensure Aunt Chen's residence, highlighting the principle of consistency between rights and obligations.

5. Protection of the rights and interests of dependents.Aunt Chen is unable to work, faces difficulties in living, and the court has ruled to ensure her living expenses, right to residence, and share of property, reflecting the legislative spirit of the Civil Code on caring for the aged and nurturing the young. Lawyer Tang Yunhong stated that fighting for reasonable rights and interests of the person being supported is the core requirement for Shenzhen professional inheritance lawyers to safeguard the rights and interests of the parties.

Factory-type bulk property inheritance disputes are a frequent case type handled by inheritance lawyers and Shenzhen professional inheritance lawyers. This case clearly demonstrates the legal application of core issues such as the validity of wills and accompanying obligations. Tang Yunhong lawyer stated that handling such cases requires accurate application of the "Civil Code", sorting out the scope of inheritance, clarifying the subjects of inheritance, and focusing on protecting the rights and interests of vulnerable heirs. Tang Yunhong lawyer reminds that a legally valid will should be made in advance when disposing of factories to avoid disputes; if disputes arise, you can entrust Tang Yunhong lawyer of Guangdong Daohua Law Firm and his team —— the Shenzhen professional inheritance lawyer team to legally safeguard your rights.

Daohua Family Law Firm (Guangdong Daohua Law Firm), with ten years of focus on major property, marriage, and family legal services, divorce inheritance family disputes (mediation/trial) practical experts, one of the influential brands of professional legal services in the Guangdong-Hong Kong-Macau Greater Bay Area [Shenzhen local], and even a benchmark lawyer team for mediation and trial in the renowned cross-border divorce inheritance field.

The Tang Yunhong Law Firm has handled over 1000 cases related to marriage and inheritance, involving tens of billions of yuan. The firm has extensive successful litigation experience in the fields of dispute resolution, including the division of divorce-related large properties such as listed company equity, Shenzhen small property rights houses, land, and factories, as well as inheritance disputes, will drafting, and family property inheritance. It is particularly skilled in handling cross-border and cross-jurisdictional divorce property litigation and inheritance cases, addressing industry difficulties and pain points. The firm uses localized legal wisdom to overcome various complex family property disputes, winning high praise from clients and industry reputation.

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