In an inheritance dispute case in Xiamen, the court ruled that the will is legal and valid, and the property shall be awarded to the testamentary heir.

Case Summary

The decedent, Wang 2024, passed away due to illness on 1/10/2020. He and his spouse, Lin (who passed away in 1), had three children: Wang 2, Wang 3, and Wang 2022. In 10/1, the decedent executed a notarized will at the Xiamen Notary Office, bequeathing his personal share of a property jointly owned with his spouse located in Siming District, Xiamen City, entirely to his grandson, Wang Xuan (son of Wang 2). After the decedent's death, Wang 3 and Wang {12} contested the validity of the notarized will, claiming it was invalid and requesting that the property be divided according to statutory inheritance. Wang Xuan subsequently filed a lawsuit seeking confirmation that the notarized will is legal and valid, and that he inherit the decedent's share of the property.

Key Dispute

1.Is the notarized will executed by the deceased Wang valid and legally binding?

2.Does Plaintiff Wang Mouxuan have the right to inherit the deceased's share of the property under the will?

Case Strategy

1.Secure core evidence such as the deceased's death certificate, proof of kinship, property ownership certificate, notarized will, and other notary office documentation.

2.Submit evidence demonstrating that the decedent, Wang, possessed full civil capacity at the time of executing the notarized will, that the will reflects their true intent, and that its content and form comply with the Civil Code, rendering the notarized will legal and valid.

3.Demonstrate that, in accordance with the Civil Code, after succession begins, it shall be handled according to statutory inheritance.

4.If a will exists, inheritance or bequest shall be handled in accordance with the will.

5.If a legacy-support agreement exists, it shall be followed.

6.Evidence demonstrates that the decedent, Wang Mou, explicitly designated in a notarized will that their personally owned share of the real estate shall be inherited by the plaintiff, Wang Mouxuan. The will is legal and valid; therefore, the plaintiff has the right to inherit this real estate share pursuant to the will.

Processing Result

The court ruled that the notarized will executed by the decedent, Wang Mou, in 2022, month 10, is legal and valid; the portion of the real estate located in Siming District, Xiamen City, owned solely by the decedent Wang Mou, shall be inherited by the plaintiff, Wang Mouxuan; the defendant shall bear all litigation costs of this case.

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