Shenzhen siblings have been fighting for an old house for two years, and the key to inheritance disputes lies in the formal requirements

Last autumn, a person working in research and development at Nanshan Science and Technology Park approached me. After his mother passed away, he left behind an old house in Shixia, Futian, with a market value of about 20 million yuan. He has an older brother and an older sister above him, each holding a 'mother's intention' in their hands. He said something on the phone: "Lawyer Shen, who does my mom really want to give the house to? The three of us have different opinions

This is not a fabricated story. The inheritance disputes in Shenzhen have been growing in recent years, especially concentrated in the old districts of Futian, Nanshan, and Luohu. The house is valuable, the old man is in a hurry, and the will is vague. The brothers and sisters sit down to talk about it three times and then turn their backs. They will see dozens of times a year.

Three "wills", who has the final say

The materials in the hands of this party are very interesting. One was handwritten in 2018, with the mother personally writing 'The house is for the younger son' and signing, but without a date. One copy was printed in 2020 and signed by two witnesses, stating that the three children should be divided equally. There is also a video recorded during my mother's hospitalization in 2022, with clear consciousness, saying, 'I gave the house to the eldest because he took care of me the most.'.

Three things, three results. My older brother advocates following the video, while my older sister says printing the copy counts. The person in question is holding the handwritten copy and refuses to let go. This is the most typical situation in inheritance disputes - it's not that there are no wills, but that there are too many and too many wills.

The inheritance of the Civil Code is written very clearly: if there are several wills with conflicting contents, the final will shall prevail; After 2021, notarized wills will no longer have priority effect, and those with a later date will take priority. But the problem is, which of these three things is "effective"? It's not about the chronological order, but whether the form is legal first.

The form is illegal, no matter how true it is written, it is useless

The handwritten copy has no date. A self written will requires the full text to be handwritten, signed, and marked with the year, month, and day. If one element is missing, it may be deemed invalid. Print that copy, one of the two witnesses is a colleague of the sister - a stakeholder, and their witness qualifications are questionable. The video appears to be the most authentic, but in the recording, only the mother speaks without recording the names and dates of the witnesses, which is flawed in form.

To put it simply, none of the three wills are clean. Many parties believe that 'what my mother said in person can still be false', but the court's judgment is based on formal requirements, not whether you think it is true or not.

The first thing to do after taking over is not to rush to advocate which one is valid, but to first analyze the validity of the three wills one by one, while sorting out the mother's bank statements, medical records, and chat records before her death. This step is crucial - when there is a dispute over the validity of a will, the judge not only looks at the piece of paper, but also at the trajectory of behavior before and after the will is made.

The reversal is not in court, it's in the evidence

Later, a clue was found: during the video recording period in 2022, my mother had just undergone surgery and was taking a medication that may affect cognitive judgment, as recorded in her medical records. At the same time, my brother frequently accompanied me to seek medical treatment during that period, and the video was also taken by him. These details alone don't seem like much, put together, it raises questions about the "voluntariness" of the video will.

On the other hand, the issue of the witness of the older sister's printed will was confirmed - the colleague had a direct interest relationship with her. As for the handwritten will, although the date is missing, there is a page in my mother's diary that was written during the same period in 2018, mentioning 'I wrote down the house today'. The handwriting is consistent and the time can correspond.

Three wills, two with flaws, one can be reinforced. During the trial, the judge ultimately confirmed the validity of the handwritten will, and combined it with a diary to support the time of its formation. The parties involved in this case have secured their inheritance share of the entire property.

When dealing with inheritance in Shenzhen families, the most important thing to guard against is not outsiders

After the case was closed, the parties asked: If the three siblings had sat down and had a good talk, wouldn't they have had to fight for two years? The answer is that we can talk, but the premise is that everyone knows exactly how much the paper in their hands is worth. Many families are not unwilling to talk, but they bring an invalid will to talk, and the more they talk, the more they feel they are at a disadvantage.

Q: Brothers and sisters can't talk about the house left by their parents for a long time. What will happen if it is delayed?

Answer: The biggest risk of procrastination is not emotions, but evidence. Witnesses may pass away or go missing, bank records may be difficult to retrieve if they exceed the age limit, and if property ownership involves demolition or transfer, the longer the time, the more variables there will be. If inheritance disputes drag on for three years, the space for mediation will significantly narrow.

If you encounter a similar situation at home, don't rush to conclude that 'my mom gave it to me'. Clarify the original will, the time of making the will, the identity of witnesses, and the physical condition of the elderly person at that time before deciding whether to discuss or sue. A will that cannot hold up in form, the earlier it is discovered, the better. Don't wait until the other party points it out in court.

This article is compiled by Guangdong Zhiming Law Firm as a reference for legal education, with different case situations. The outcome of inheritance disputes depends on the form of the will, evidence, and family property structure. For specific issues, please consult a practicing lawyer with the necessary materials.