A house left by parents in Shenzhen caused a two-year dispute among three siblings, and a lawyer turned the case around with an old will.

Last autumn, a woman in her forties sat across from me, her eyes red-rimmed. Her surname was Chen, from Futian, Shenzhen. Her parents had left a school-district apartment in Nanshan, worth around 20 million yuan. Her father passed away early, and her mother died last year as well. There were three siblings in the family—she was the eldest, with a younger sister and a younger brother.

Ms. Chen said that her mother lived with her in her later years, and she took care of all her daily needs. Before passing away, the old lady verbally stated that the house would go to the eldest daughter. However, her younger brother refused to acknowledge this. He argued that verbal words don't count, and according to legal inheritance, it should be divided equally among the three siblings. The younger sister's attitude was ambiguous, but her words implied that she also wanted a share.

The house is in Nanshan, and it's in a school district too. The surrounding housing prices are just over 100,000 per square meter. With 20 million in family assets divided among three people, each gets over 6 million. Who would be willing to let go easily?

This case has dragged on for two years. Ms. Chen said her family no longer feels like a family. Her brother has threatened to file a lawsuit, her sister is caught in the middle, and they don't even visit each other during the New Year anymore.

Why is an oral will difficult to establish? The key difference is a piece of paper.

First, the basic legal rules. Article 1123 of the Civil Code stipulates that after inheritance begins, it shall be handled in accordance with statutory succession; if there is a will, it shall be handled in accordance with testamentary succession or bequest. In other words, a will takes precedence over statutory succession.

But the problem is—the old lady only made an oral promise, with no written will. According to Article 1138 of the Civil Code, an oral will must meet two conditions: first, it must be made by the testator in an emergency situation; second, there must be two or more witnesses with no conflict of interest present to attest to it. Once the emergency situation is resolved and the testator is able to make a will in written form or by audio or video recording, the oral will made earlier becomes invalid.

To put it bluntly, if the old lady is clear-headed and not in life-threatening danger, her verbal statement that "the house goes to the eldest daughter" is hard to be legally recognized as a valid will. It is justified for the younger brother to refuse to acknowledge it.

So is there no way for Ms. Chen? No. We took a different approach.

Fighting an inheritance lawsuit doesn't necessarily mean focusing only on the validity of the will.

After taking over the case, we didn't rush to prove the validity of the oral will—that path was too difficult, and the evidence wasn't solid enough. Instead, we took a different approach: starting from the angle of "having fulfilled the primary duty of support."

Article 1130 of the Civil Code stipulates that heirs who have primarily fulfilled the obligation to support the decedent or who lived with the decedent may receive a larger share of the estate upon distribution. Heirs who have the ability and conditions to provide support but fail to fulfill such obligation shall receive no share or a reduced share of the estate upon distribution.

This is the decisive move in this case.

We spent two weeks going through all the evidence of Ms. Chen caring for her mother.

First, Ms. Chen has lived with her mother for five years, and the utility bills, property management fees, grocery shopping records, and medical visit records are all under her name. Second, during her mother's three hospitalizations, the person who accompanied her and signed the documents was Ms. Chen. Third, the daily withdrawals from her mother's pension account were also managed by Ms. Chen. These materials pile up to more than thirty pages.

And what about the younger brother? We pulled up his travel records from the past five years—he's been living in Longhua long-term and rarely makes it back to Nanshan more than a few times a year. His visits for Mother's birthday, Spring Festival, and Mid-Autumn Festival—how many times he came—are all traceable.

In court, face-to-face confrontation, an old photograph silenced the younger brother.

On the day of the trial, the opposing counsel insisted that the oral will was invalid and argued for an equal split among the three. We didn't take the bait on that point and instead laid out our evidence piece by piece.

The most striking piece of evidence was a photograph. On her mother's birthday in 2019, Ms. Chen celebrated the occasion at her home in Futian, with a cake on the table and a "福" character hanging on the wall. Meanwhile, her brother's profile picture that day showed him drinking at a KTV, as posted on his Moments. These two events, happening at the same time, were printed out and placed side by side before the judge.

The judge asked the younger brother: "Where were you on your mother's birthday?"

My younger brother was silent for a long time, then said he couldn't remember clearly.

This answer is more effective than any debate. When the judge organized mediation after the court session, the stance was already clear—to divide according to the degree of contribution.

Result: All 20 million yuan worth of real estate goes to Ms. Chen.

In the end, the court ruled that the property in question would be inherited solely by Ms. Chen, while her sister and brother each received partial cash compensation, which was deducted from Ms. Chen's share of the other estate assets. The entire house, valued at 20 million yuan, was fully transferred to Ms. Chen's name.

This outcome was far better than Ms. Chen's initial expectation of "getting a slightly larger share." She had thought that receiving 50% would already be good, but she never expected to get the entire amount.

Why was she able to get everything? Because the judge determined that Ms. Chen had fulfilled the primary duty of supporting her mother, while her younger brother and sister had not fulfilled their corresponding obligations. Additionally, Ms. Chen provided records of her mother's daily expenses during her lifetime, proving that she had borne most of her mother's living costs. These details, taken together, led the judge to form a firm conviction.

Of course, there was also an element of luck in winning this case — the younger brother didn't hire a more professional lawyer, and his evidence was insufficiently prepared. If he had also been able to produce a pile of evidence showing "I also fulfilled my filial duties," the outcome might have been different.

So, in inheritance disputes, what's being contested isn't who was filial in words, but who can prove their filial piety on paper.

Shenzhen inheritance disputes are increasing by 15% annually—here are the pitfalls to avoid in advance.

Over the past three years, the number of inheritance dispute cases in Shenzhen has grown by about 15% annually, with cross-border and multi-generational inheritance becoming increasingly common. In many families, as soon as parents pass away, siblings immediately turn against each other. The reason boils down to one word: money.

If you're facing a similar inheritance issue, here are three practical suggestions for you:

First, while your parents are still alive, try to have them write a written will. It doesn't cost much—just hire a lawyer to witness it, a few thousand yuan at most. Don't believe in "we've already agreed verbally"—the law doesn't recognize spoken words.

Second, if you have been taking care of your parents, keep the evidence. Payment records, caregiving logs, and proof of cohabitation—don't throw any of them away. At critical moments, these papers are more useful than family affection.

Third, don't drag it out. Once a dispute arises, the longer you wait, the harder it becomes to find evidence and the more people's morale scatters. The courts in Futian, Nanshan, and Longhua districts of Shenzhen all have long scheduling queues for inheritance cases. Filing a lawsuit early to secure evidence sooner is better than anything else.

Question: If parents did not leave a will, can the house only be divided equally?
Answer: No. An heir who has primarily fulfilled maintenance obligations may receive a larger share, or even the entire inheritance. The key lies in whether the evidence is solid, such as the duration of cohabitation, medical care records, and assumption of daily expenses. In judicial practice, courts are very meticulous in determining "primary fulfillment of maintenance obligations," and a complete chain of evidence can completely alter the distribution ratio.

Question: Is an oral will actually valid?
Answer: Strictly speaking, an oral will is only valid in emergency situations, and it requires two disinterested witnesses. A casual remark made by parents while they are of sound mind is essentially useless in court. If you want to ensure that the distribution of the estate follows your parents' wishes, a written will is essential.

If you encounter an inheritance dispute in Shenzhen—whether it involves property, savings, or equity, regardless of the amount at stake—you can come to Guangdong Zhiming Law Firm for a consultation. We are located at Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District. Our director, Attorney Shen Jinlong, has been practicing for 26 years and has handled hundreds of inheritance cases, having seen all kinds of complex situations. Phone: 0755-25986969. When the time comes, don't tough it out alone—leave professional matters to the professionals.

(This article is for legal reference only. Individual cases may vary; please consult a professional lawyer for specific matters. Guangdong Zhiming Law Firm, a 26-year-established law firm in Shenzhen, Tel: 0755-25986969, Address: Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen)