A Property Left by Parents in Shenzhen Has Sparked a Three-Year Dispute Between Siblings—Who Ultimately Determines the Validity of the Will?

Last week, a client came to Zhiming Law Firm with a stack of documents. She sat in the reception room and—before even uttering a word—her eyes welled up with tears. Her father had left behind a property in Nanshan District, Shenzhen, valued at RMB 20 million. On his deathbed, he verbally stated, “The house belongs to my daughter,” but left no written documentation whatsoever. Her younger brother refused to acknowledge this statement, and the two families engaged in a bitter dispute—from Longhua District all the way to Futian District. The case went to court and dragged on for three years; both the first-instance and second-instance courts ruled that the property must be divided equally under statutory succession rules. She asked me, “Attorney Shen, does my father’s verbal statement carry no legal weight at all?”

This is a question nearly every lawyer handling inheritance cases has been asked. Today, we’ll address the most emotionally challenging issues in estate inheritance—clearly and comprehensively—using a Q&A format.

Q: Does an oral statement by parents promising a house to a particular child hold legal effect?

calculable, yet extremely difficult to prove. According to Article 1123 of the Civil Code, where no will exists, inheritance shall be handled in accordance with statutory succession; where a valid will exists, inheritance shall proceed according to the will. However, an oral will is subject to a strict prerequisite: it must be made under exigent circumstances and witnessed by at least two disinterested witnesses. Thus, if your father’s statement to his daughter while lying in bed was made in the presence only of family members, it would most likely be deemed invalid under the law.

Inheritance disputes in Shenzhen have increased by 15% annually over the past two years, with more than 40% of cases stemming from the mindset of “We assumed we were family, so we didn’t put anything in writing.” In plain terms, familial bonds often prove fragile when confronted with real money.

Q: I’ve written a will, but my siblings claim the signature is forged. How can this be resolved?

Last year, Zhiming Law Firm handled a case involving a foreign trade business owner from Futian District. According to a will left by his father, a residential property in Bao’an District and two commercial units in Longgang District were explicitly bequeathed to him. However, his sister produced another will dated *later*, claiming that their father had revised the will to leave the residential property to her instead.

We submitted both wills for judicial authentication. Handwriting analysis revealed multiple abnormal strokes in the signature on the later will, indicating that it had been altered based on tracing. Additionally, we obtained surveillance footage from our client’s father’s hospitalization period, which showed that the elder sister had entered the patient’s room alone. Ultimately, the court ruled the later will invalid, awarding all real estate and commercial properties—valued at approximately RMB 20 million—to our client.

The crux of this case hinges on a single word: “evidence.” When the authenticity of a will is disputed, handwriting analysis, dating of document formation, and testimony from witnesses—each step can reverse the outcome. Do not privately consult unqualified individuals to “take a look”; instead, engage only institutions licensed for judicial appraisal.

Q: In the absence of a will, how is an estate divided among siblings? Must it be divided equally?

While statutory inheritance generally provides for equal distribution among first-order heirs, several factors—often overlooked—may affect the distribution. First, an heir who has assumed the primary responsibility for supporting the deceased’s parents may receive a larger share. Second, an heir who possesses both the capacity and means to support the deceased but fails to do so may receive no share or a reduced share. Third, an heir who lived with the deceased or was financially dependent on the deceased may also receive a larger share.

Last year, the Shenzhen Intermediate People’s Court issued a ruling in a case where the son had lived with and cared for his father for 15 years—cooking daily and providing constant companionship—while the daughter, married and residing elsewhere, visited only twice a year. Ultimately, the court awarded 65% of the inheritance to the son and 35% to the daughter. This decision was not arbitrary; it is expressly grounded in Article 1130 of the Civil Code. Therefore, do not assume from the outset that “the estate must be split equally.” First, carefully examine and clarify the actual facts concerning filial support obligations.

Q: With cross-border inheritance and intergenerational inheritance becoming increasingly common, what special considerations should be taken into account?

Shenzhen’s proximity to Hong Kong makes cross-border inheritance particularly common. Many families own property in Shenzhen and hold additional assets in Hong Kong or overseas. However, a key pitfall exists: inheritance notarizations issued on the Mainland are not recognized by Hong Kong courts, and Hong Kong probate grants are not directly accepted by Mainland courts. Navigating both jurisdictions’ procedures typically takes one to two years.

Moreover, if an heir is a foreign national, matters involving foreign exchange regulation and tax reporting also arise. Zhiming Law Firm has handled numerous such cases. Managing Partner Mr. Shen Jinlong brings 26 years of legal practice experience—and previously served as a senior executive in a state-owned enterprise—giving him deep expertise in complex inheritance disputes spanning multiple jurisdictions and generations. Put simply, these cases go far beyond merely drafting a complaint; they require a seasoned professional who can see—and strategically navigate—the entire landscape.

Some Straight Talk for Parties Involved in Inheritance Disputes in Shenzhen

First, do not delay drafting your will. With Shenzhen’s high property prices, a single residential unit may be worth several million or even tens of millions of RMB—drafting your will early brings peace of mind. Holographic wills, printed wills, and notarized wills are all legally valid; however, an incorrect format renders the will null and void.

Second, preserve all evidence. Records of alimony transfers, photographs documenting caregiving, and witness statements from neighbors—items often overlooked in daily life—can prove invaluable in court.

Third, consult a qualified lawyer. Inheritance disputes often involve complex assets—including real estate, equity interests, bank deposits, and cross-border holdings—giving rise to intricate legal relationships. Spending time consulting a specialized attorney is far more effective than spending three days researching online.

Guangdong Zhiming Law Firm is located at Room 1802, Tower A, Xintian Century Business Center, Shixia North 2nd Street, Futian District, Shenzhen. Phone: 0755-25986969. If you are facing challenges related to inheritance, please feel free to bring your documents and consult with us. With 26 years of experience and over 10,000 cases handled, we have witnessed all too often how a poorly drafted will or an ambiguously expressed statement has led family members to litigate against one another. We hope you can avoid these pitfalls.