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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

1.Does the deceased Wang's oral will meet the legal formal requirements and is it legally valid?
2.Should the decedent's estate be distributed according to the will or through intestate succession?

Case Strategy

1.Preserve core evidence such as the deceased's death certificate, proof of kinship, inheritance documentation, witness testimony for oral wills, and hospital medical records.
2.Provide evidence that, in accordance with the Civil Code, a testator may make an oral will under emergency circumstances.
3.A verbal will must be witnessed by two or more witnesses.
4.If the testator is able to make a will in written, audio, or video form after the emergency situation has ended, any oral will made during that time shall be invalid.
5.The decedent, Wang, recovered from critical condition after making an oral will and remained in stable health until death. Since Wang never reaffirmed the oral will in writing or via audio-visual recording before passing away, the oral will is invalid.
6.Provide evidence of the decedent's estate, which shall be divided equally among the statutory heirs: children Wang 1, Wang 2, and Wang 3.

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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