In a will inheritance dispute in Xiamen, the court ruled that the oral will was invalid and ordered the estate to be distributed according to statutory succession.
Case Summary
The decedent, Wang 2024, passed away due to illness on 2/10/2022. Wang and their spouse Lin (who passed away in 1) had three children: Wang 2, Wang 3, and Wang 1. After Wang's death, Wang 1 submitted a verbal will to the court, stating that while critically ill, the decedent made a verbal will witnessed by two doctors, bequeathing all of their estate to Wang 2 for inheritance. Wang 3 and Wang {11} objected to the verbal will, claiming it was invalid and requesting that the estate be distributed according to statutory succession. During the trial, the court found that the verbal will was indeed made while the decedent was critically ill and was witnessed by two doctors present at the time. However, after making the verbal will, the decedent's condition improved, they recovered from critical illness, and did not confirm the verbal will in writing or through audio/video recording before passing away.
Key Dispute
Case Strategy
Processing Result
The court ruled that the deceased, Wang 2024, had no valid oral will dated in year 2. All of the deceased's estate shall be divided equally among plaintiff Wang 1, defendant Wang 2, and Wang 3, each receiving one-third. Court costs shall be shared equally by the plaintiff and the defendants.
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