Many multi-child families encounter such a problem: the parents make a will leaving property and savings only to one child, and the children who did not receive a share are dissatisfied and want to overturn the will. How does the law handle this?

  Parents have the right to dispose of their own personal property. According to Article 1133 of the Civil Code, a will can specify that the property be inherited by one or more of the legal heirs. The law does not require “to distribute to all children”. As long as the will is legally valid, if the parents leave all the property to only one child, the law allows it —— this is called the principle of testamentary freedom. However, there is an important exception. Article 1141 of the Civil Code stipulates that a will must reserve a necessary share of the inheritance for heirs who are lacking in labor capacity and have no source of income. If a child meets both of these conditions (for example, disabled and without income), and the will completely leaves no share for them, then this part of the will is invalid, and the court will compel a portion to be distributed to them. But if the child is physically healthy and has a stable job, this provision does not apply.

  Under what circumstances can a child who did not receive a share of the inheritance overturn the will? It cannot be overturned merely on the grounds of “unfairness”. Evidence must be presented to prove that the will has a legally invalid situation, such as: the parents were not of sound mind (lacking civil capacity) when making the will; the will was made under fraud or coercion; the will was forged or altered; or the will was not made in a legally valid form (for example, a handwritten will without two unrelated witnesses, a printed will without page-by-page signatures, or a will made by audio or video recording without witness records, etc.).

  There is also a key procedural issue —— the statute of limitations. If there is a problem with the will, a lawsuit must be filed with the court within 3 years of the time when the right was known or should have been known to have been violated. After 3 years, the court will no longer protect, and even if the will indeed has a problem, the right to a favorable judgment may be lost.

  Additionally, a will can only dispose of the testator's own property. For example, if a couple's joint property is involved, and one spouse dies and makes a will leaving the entire house to a certain child —— half of this house belongs to the spouse, and the testator can only dispose of the half that belongs to them. Any part that unilaterally disposes of the spouse's share is invalid.

  In summary: a legally valid will cannot be overturned by a child who did not receive an inheritance merely because of “unfairness”. Only if it can be proven that the will has a legally invalid situation, or if the child is an heir who is “lacking in labor capacity and has no source of income”, can there be a possibility of seeking legal rights. If a problem with the will is discovered, it is imperative to consult a lawyer and collect evidence promptly within 3 years, and do not delay.