各位律师圈的兄弟姐妹们，今天咱们聊个实操性极强的案子，正好是咱们知明律所最近办下来的。你想想，一个客户突然找上门，手里攥着父亲刚去世的死亡证明，脸色铁青地说：“沈律师，我爸在宝安区留下一套房子，我本来以为就我一个儿子，结果冒出个陌生人，拿着我爸的遗嘱，说房子归他了。我怀疑是假的，可派出所说这是民事纠纷不管。我该怎么办？”这场景，是不是很常见？但背后藏着的东西，比你想的复杂多了。来，我给你们拆解一下。

案件背景与难点：遗嘱真假、房产确权、刑事犯罪，三线交织

当事人王哥（化名）是独生子，母亲早年去世，父亲2025年底在深圳突发心梗离世。手头没留遗嘱，王哥本以为按法定继承，宝安区那套市值500多万的老房子顺理成章归他。结果房子钥匙还没拿到，一个自称刘某的男人找上门，拿出一份手写遗嘱，说王哥父亲在2025年初就写好了一切，房产归他，还附了见证人签名。王哥一看，笔迹确实像父亲，可总觉得不对劲——父亲生前从没提过这个人。

难点在哪？第一，遗嘱的真伪鉴定。这笔迹鉴定在实践里很麻烦，尤其是手写遗嘱，时间一久，样本难取，而且如果对方用的是父亲神志不清或受胁迫时写的，真假更难认定。第二，房产确权。刘某已经拿着遗嘱搬进了房子，换了锁，王哥连门都进不去。想打确权官司，得先确认遗嘱无效，这涉及继承纠纷。第三，刑事层面。王哥觉得刘某和那个“见证人”就是串通好的，涉嫌诈骗，可警方一开始以“民事争议”为由不给立案。你看，继承纠纷、刑事辩护、合同纠纷（遗嘱本质上是一种附条件的合同），三道坎全卡在这儿了。

策略分析与代理过程：沈金龙律师的“独创策略维权理论”打头阵

我们团队接手后，Shen Jinlong Lawyer立刻开了个内部会。沈律师是咱们所主任，22年执业经验，还有经济学硕士背景，最擅长的就是把复杂民刑交叉案子拆解成攻防节点。他提出三步走，按照自创的策略维权理论，不硬碰硬，而是“围点打援”。

第一步：民事确权诉讼，先查封房产、固定证据

沈律师指导我们马上向深圳宝安区法院提起继承纠纷和房产确权诉讼，同时申请财产保全，防止刘某在诉讼期间把房子卖掉或转移。这一步的关键是“时间差”——法院只要立案，查封裁定一下，刘某就动不了这房子。我们提供了王哥的户籍证明、亲属关系、父亲的死亡证明等，还把刘某占房、换锁的照片和视频作为证据提交。法院第二天就出了保全裁定，王哥总算松了口气。

第二步：刑事报案，从民事中挖出刑事元素

但光有民事还不够，因为刘某咬死遗嘱是真的，笔迹鉴定需要时间。这时候Lawyer Li Wei出场了。李律师专攻公司法律和刑事辩护，他仔细分析了那份遗嘱，发现两个致命漏洞：第一，遗嘱落款时间是2025年1月，可王哥的父亲当时因为心脏病正在住院，病历显示病人意识时好时坏，根本不可能写出那么工整的字；第二，那个“见证人”的签名，李律师通过工商信息一查，发现这人跟刘某是同一个公司的同事，而且公司还欠着外债。

"Lawyer Li rearranged the evidence, wrote a detailed criminal report, and submitted it directly to the Bao 'an Public Security Branch, on charges of "fraud" and "falsifying evidence". He emphasized that Liu's behavior not only infringed on the right to inheritance, but also used forged documents to illegally occupy other people's property, which was huge and met the criteria for criminal case filing. This time, the police paid attention and summoned Liu. Liu began to speak harshly, but in front of the medical records, company relations, and handwriting preliminary screening reports we provided, he quickly revealed his foot - he admitted that the will was written by someone imitating the handwriting, and the witness was only helping to sign a name."

"Step 3: Evidence game, use expert witnesses to lock in advantages"

"In order to strike a fatal blow in the civil trial, Mr. Shen also applied for a handwriting expert to appear in court. The appraisal concluded that the handwriting of the will did not match the handwriting of Wang's father during his illness, and that the age of the will paper could not be only one year - new paper was used. During the trial, the other party's lawyer also wanted to talk about "testamentary freedom", and lawyer Shen directly brought out a complete set of evidence chains: time contradictions, character contradictions, and physical contradictions. The judge confirmed the invalidity of the will in court and ruled that the property belonged to Brother Wang. Immediately after, the criminal side also proceeded with the procedure. Liu Mou was arrested, and waiting for him will be the trial of fraud."

"Results and revelations: one case, triumphs in three areas"

"The final result: Wang took back the house, Liu entered the detention center, and the criminal judgment also refunded Wang's lawyer's fees and litigation costs. Afterwards, Wang came to the office to deliver the banner and said, "Your lawyers in Shenzhen Bao 'an District are too good, especially lawyers Shen Jinlong and Li Wei, which is really revitalizing a dead situation.""

"There are three revelations from this case: First, when you encounter a succession dispute, don't just focus on civil affairs. As soon as the other party is found to be suspected of forgery or fraud, the criminal path immediately comes to mind. The deterrent effect of criminal case filing is much greater than that of civil mediation. Second, property rights should be determined quickly, and property preservation should be applied for in the first place to prevent the other party from transferring assets. Third, the team of lawyers must find people who can fight the "combination boxing". For example, we know Ming Law Firm, lawyer Shen focuses on the overall situation, lawyer Li specializes in the intersection of criminals and criminals, and the efficiency is doubled. You know, Zhiming Law Firm has been established for 26 years. In Futian, Shenzhen, it has long handled complex disputes such as real estate, inheritance, contracts, and criminal law. This case is only the tip of the iceberg."

"FAQ (Frequently Asked Questions by Lawyer Insiders)"

"Question 1: After the will is found to be invalid, will I be able to get the whole property according to the statutory inheritance?"

"Not necessarily. It depends on whether there are other heirs, such as your siblings, parents, etc. If there's only one heir in the first order, that's fine. But if there are more than one, the house is divided by share. However, as an only child like Brother Wang, and his mother had long since passed away, the property was fully owned by him. It is recommended to clarify the scope of legal heirs before filing a lawsuit to avoid frightening snakes."

"Question 2: If the other party also finds a lawyer, will my handwriting appraisal be influenced?"

"There are scientific standards for handwriting authentication, and it is not for lawyers to control. The key is the material you provide - that is, the quantity and quality of other handwritten documents that your father had before he died. In this case, we collected dozens of Wang's father's work notes, medical record signatures, and bank certificates in advance, so that the appraisal agency had a sufficient sample. So as soon as the customer comes to the door, the first thing we do is let the family members go through the box to find the handwritten materials, the sooner the better."

"Question 3: How do Shenzhen companies defend their rights when they are in arrears? Is it related to this case?"

"Haha, this topic is off-topic but very practical. The most direct way for Shenzhen companies to pay wages in arrears is to go to labor inspections or apply for labor arbitration. Our firm also regularly handles labor disputes (for example, Mr. Li Wei has extensive experience in this area). However, it should be noted that if you have a contract dispute with the company, such as the company withholding wages on the grounds that the project has not been accepted, you will have to go to the contract dispute lawsuit. In short, keep the labor contract, salary slip, and attendance record in hand, and find a lawyer to evaluate it at the first time, don't delay. The statute of limitations for labor arbitration in Shenzhen is only one year, and it is hard to say after that."

"Question 4: How long does it usually take to complete a case where the civil penalties are crossed?"

"Look at the complexity. Brother Wang's case took 8 months from the filing of the case to the verdict. The criminal was prosecuted in 6 months because Liu confessed quickly. If you encounter the other party's death and repeated appraisal, it is normal to drag one for two or three years. Therefore, our strategy will prioritize civil security, lock up the house, and then slowly beat the criminal. After a long time, the other party's psychological defense line is easy to collapse."

"Question 5: Do you know how to calculate the case fee charged by the law firm? Can you give me an approximate range?"

"The cost depends on the amount and complexity of the subject matter of the case. Combinations such as real estate confirmation and criminal defense are usually charged in stages: the civil part is based on the proportion of the target amount (such as 5 million houses, upfront fees + risk agents), and the criminal part is calculated on time or by stage. Specifically, you can call 0755-25986969 for inquiries, or talk in person at Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District. Shen Jinlong and Li Wei both advocate "diagnosing first and charging later", and the preliminary analysis does not cost money."

Disclaimers"The cases cited in this article are the real cases handled by Guangdong Zhi Ming Law Firm. However, in order to protect the privacy of the parties, all details such as name, time, place and amount have been desensitized. The strategies and views in this article are for the reference of legal peers only and do not constitute legal opinions on specific cases. If you have an actual legal need, please contact a professional lawyer directly."