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Shenzhen Inheritance Lawyer: If the Will Only Mentions Property and Not Deposits, How Should Deposits Be Distributed?

Author: Dao Hua Marriage and Family Law FirmDate: 2026-07-08Reads:times

  Many elderly individuals establish wills that only specify the ownership of real estate, omitting assets such as bank deposits, investments, and cash. Family members often mistakenly believe that the real estate will be inherited by one person, and the deposits will be theirs as well. According to Article 1154 of the Civil Code, a will only has effect on the property explicitly listed, and deposits not mentioned are considered part of the undistributed heritage, subject to statutory inheritance, and the will's effectiveness will not automatically extend to cover other assets.
  Omitting deposits will not invalidate the entire will; the real estate portion will still be executed according to the will. For example, if the will stipulates that the house is inherited solely by the eldest son but does not mention the deposits, during the division, the house will be inherited by the eldest son, but the deposits cannot be exclusively owned by the eldest son. Instead, they will be distributed among all first-degree heirs, with the eldest son only entitled to an equal share with others, and he has no right to singly possess all the money.
  Statutory inheritance has a fixed distribution order, with the spouse, children, and parents as the first-degree heirs. If there are no first-degree heirs, inheritance is passed on to second-degree heirs such as siblings and grandparents. In principle, deposit distribution among heirs of the same order is equal; those who have fulfilled the main duty of support to the deceased may receive a proportionally larger share, while those who have not fulfilled the duty of support or have abandoned the deceased may receive a smaller share. If consensus cannot be reached, the court will adjust the distribution ratio based on the actual care provided.
  In practice, there are two special situations that need to be distinguished. If the will includes a fallback clause, specifying that all deposits, investments, vehicles, and other properties are inherited by designated children, then the deposits and real estate will be inherited by the same person. If only real estate is listed separately without general fallback language, it cannot be assumed to include deposits. Additionally, if the deposits are joint marital property, half must first be divided to the surviving spouse, and the remaining portion is then considered as heritage for statutory division, and it cannot be directly divided equally among all.
  Many inheritance disputes arise from one party's unauthorized withdrawal or concealment of deposits. After discovering omitted deposits, all heirs can hold a death certificate and proof of kinship and go to the bank to retrieve account statements, securing evidence of deposits; if all parties agree, they can sign a written division agreement. In case of disagreements, an inheritance lawsuit should be filed, and the court will retrieve asset details and divide shares.
  To avoid conflicts over property omissions, when drafting a will, it is important to list all assets and add fallback general clauses to dispose of all heritage. If a will has already been drafted but lacks fallback content, a supplementary will can be re-drafted, specifically agreeing on a deposit distribution plan.
  In summary, a will that only disposes of real estate does not imply covering deposits. Real estate is inherited according to the will, and undesignated deposits are subject to statutory inheritance, divided among all statutory heirs. Clarifying the two sets of distribution rules and pre-emptively investigating the deceased's full deposit assets can ensure fair heritage disposal and avoid inheritance disputes among children over money.
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