SPC releases 2nd batch of typical cases on heirship disputes

(english.court.gov.cn)      Updated : 2024-12-18

The Supreme People's Court (SPC) released the second batch of typical cases involving heirship disputes on Dec 12, in a bid to promote traditional Chinese values on mutual assistance and caring for the elderly via judicial judgments. 

The four cases mainly involve systems such as legacy support agreements, mandatory shares and loss of inheritance rights. 

The cases embody several key principles in handling heirship disputes, including respecting the autonomy of the decedent's will, supporting the vulnerable, advocating for amity and mutual assistance, and promoting the virtue of respecting the elderly.

The principle of testamentary freedom is the embodiment of the principle of autonomy of the will in inheritance issues, and is an important principle for legislation in this area. Will and legacy support agreements are both disposition of the decedent regarding his/her own property. A legacy support agreement in particular is an agreement signed by a natural person with an organization or individual on the obligations to take care of the life of the natural person and handle the work related to his/her death as well as the funeral, which should be respected if it is authentic, and legally valid. In one of the cases, a woman surnamed Dai signed a legacy support agreement with her ex-husband surnamed Cai, who fulfilled the obligations stipulated in the agreement. So the court determined that the legacy support agreement was true and valid, thus supporting Cai's request for obtaining the real estate involved. 

While respecting the autonomy of the will of the decedent, the inheritance system also supports the vulnerable and provides for the elderly and the underaged. In one case, the decedent did not reserve a necessary portion in the will for statutory heirs lacking labor capability and a source of income, the court, in accordance with relevant provisions of the mandatory share system, made appropriate arrangements in its judgment, achieving an effective balance between protecting the rights and interests of vulnerable groups and respecting the autonomy of the will.

If individuals who have no legal support obligations provide significant care for the decedent, they may receive a portion of the estate, according to relevant provisions in the Civil Code. In one case, the decedent surnamed Xu was disabled and had no heirs, and Yan took care of Xu's daily life and handled Xu's after-death affairs. The court recognized Yan's right to claim the insurance benefits generated upon Xu's death. 

The inheritance system embodies the unity of rights and obligations. Whether the obligation of supporting the decedent is fulfilled is a crucial criterion for determining the allocation of the estate. In one case, the party involved completely failed his obligation of support for his parents. The court determined in accordance with law that his act constitutes abandonment, and deprived him of the right to inheritance. 

The people's courts will make active efforts to address new situations and issues in the field of inheritance, resolve disputes effectively, and solve the most pressing issues concerning people's interests, continuously fulfilling the people's aspirations for a better life, the SPC concluded.