Shenzhen Futian: Siblings Dispute Over Two Properties Left by Parents, Will Only a Photocopy—Who Gets the 20 Million Yuan Houses?

Last autumn, a woman in her fifties came to our Zhiming Law Firm. The first thing she said after sitting down was, "Lawyer Shen, my brother sued me, claiming the will I hold is fake." She is a local of Futian, Shenzhen, and her parents left two old houses near Xiangmihu. At current market prices, they are worth over twenty million yuan in total. She had a will made by her parents during their lifetime, stating in black and white that both houses were to be inherited by her. The problem was—the original could not be found, only a photocopy remained.

Her younger brother's view was straightforward: without the original will, what grounds were there to claim it was written by their parents? Under statutory inheritance, each of the siblings would get one apartment, which was fair and reasonable. The two sides faced off in court at Futian Court, and the sole point of contention was whether this will, existing only as a copy, had any legal validity.

Don't jump to conclusions just yet. Similar situations are not uncommon in Shenzhen, and many families' wills face the dilemma of "lost originals." After we take on a case, the first step is not to argue over whether a copy can be used, but to look into the "birth certificate" of the will—that is, the witnessing materials that were in place when it was created.

Dispute over the validity of a will copy: the key lies not in the paper but in the chain of evidence.

Article 1135 of the Civil Code clearly stipulates that a will written on behalf of the testator shall be witnessed by two or more witnesses in person, with one of them writing the will on behalf, and shall be signed by the testator, the writer, and the other witnesses, with the year, month, and day noted. We have carefully verified this copy, and it is formally compliant — there are signatures of two witnesses, signatures and fingerprints of both parents, and the date is complete.

But these alone are not enough. The younger brother's side raised an objection: who knows whether this photocopy was doctored by you afterward with Photoshop? At that point, we did three things: first, we located the two witnesses from back then, one of whom is still alive and willing to testify in court; second, we obtained the signature samples left by our parents when they conducted business at the bank during their lifetime, and commissioned a judicial appraisal institution to conduct handwriting comparison; third, we visited the community where our parents lived before they passed away, found the old neighbors and the nanny who had cared for our parents over the long term, and confirmed that the elderly parents were of sound mental state when they made the will, and had repeatedly expressed their wish to "leave the house to their daughter" in casual conversations.

These three sets of evidence, when combined, form a complete chain of evidence sufficient to prove that the contents of the will are genuine. Simply put, photocopies are merely the medium; what truly determines the direction of the case is whether the actual state of the will at the time it was made can be reconstructed.

Courtroom Tug-of-War: From "Invalid Will" to "Voluntary Withdrawal of Lawsuit"

The court hearing did not go smoothly. The lawyer hired by the younger brother latched onto the "missing original document" point and argued for distribution under statutory inheritance. Over the past two years, inheritance dispute cases in Shenzhen have increased by 15% annually, and a considerable portion of them are disputes triggered by this type of "defect in will form." The judge is also particularly cautious about this.

We made two rounds of key statements in court. In the first round, we presented the handwriting expert conclusion and witness testimonies one by one, using a timeline to reconstruct the entire process of the will's creation—the two witnesses signed separately at the parents' home, and the scribe was the father's old colleague; all of this was verifiable. In the second round, in response to the opposing party's claim that "the mother may have been coerced," we submitted her outpatient medical records from the community hospital before her death, showing that she was clear-minded at the time and had no cognitive impairment whatsoever.

The longer an inheritance dispute drags on, the more it erodes family bonds. This case went through three court hearings over eight months. Before the final hearing, the opposing counsel proactively contacted us and said they were willing to discuss a settlement. Honestly, by that point we were confident in our position—our evidence had clearly gained the upper hand, and the other side stood little chance of winning if they continued to fight.

Ultimately, the younger brother's side withdrew the lawsuit, and the court issued a mediation document confirming that our client would inherit both properties in their entirety. She did not pay a single cent in compensation and retained all the properties worth over 20 million RMB.

Three Common Misconceptions in Shenzhen Inheritance Disputes: Knowing Them Early Can Save You Major Trouble

Did this case win by luck? No. The key was that the clients found us immediately after their parents passed away, preserving the witness information and original materials. Many families in Shenzhen facing similar issues tend to fall into several common pitfalls:

Myth 1: Believing that having a will means everything is settled.A will is only valid under the premise that "the form is legal and the content is authentic." A self-written will made at home may also be overturned if there is a dispute over the handwriting.

Misconception Two: Refusing to communicate and going straight to litigation.We have handled quite a number of cases where siblings originally shared a close bond but ended up in court over a house, ultimately winning the property but losing the family relationship—at a great cost. The success rate of mediation in inheritance disputes is actually not low, provided that both parties are willing to sit down and talk.

Misconception Three: Neglecting the daily custody of the will.Keep the original in a safe place, and make sure at least two trusted people know where it is. It is recommended to store it in a bank safety deposit box or with a lawyer for safekeeping, and check on it regularly.

Additionally, one note: the number of cases involving cross-border and cross-generational inheritance in Shenzhen is increasing. If any of the inheritors hold Hong Kong, Macau, Taiwan, or overseas status, additional notarization and forwarding procedures are required for real estate inheritance, making the process more complicated. It is advisable to consult a professional lawyer in advance.

Q: If parents didn't leave a will, what's the most hassle-free way for the children to divide the property?
If there is no will, statutory inheritance applies, and the first-order heirs are the spouse, children, and parents. In Shenzhen practice, if all heirs reach a consensus, they can go to a notary office to handle notarization of inheritance rights, which costs much less than litigation. Only if consensus cannot be reached does one need to file a lawsuit with the court.

Question: What should I do if the original will has been hidden by other siblings?
Answer: You may first send a lawyer's letter demanding the return of the will; if the other party refuses to cooperate, you may apply for a court investigation order or apply for evidence preservation when filing the lawsuit. Remember, as long as you can prove that the will genuinely exists, a copy is always better than "no will at all."

If you're facing a similar issue, you're welcome to visit Zhiming Law Firm in person. We are located at Room 1802, Block A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. Tel: 0755-25986969. A house left by your parents should be a bond that holds the family together, not a fuse that tears family ties apart.

(This article is for general legal education purposes only. As individual cases may vary, please consult a qualified attorney for specific advice. Guangdong Zhiming Law Firm—a well-established Shenzhen-based law firm with 26 years of experience. Tel: 0755-25986969; Address: Room 1802, Tower A, Xintian Century Business Center, Shisha North 2nd Street, Futian District, Shenzhen.)