China Lawyer
Supreme People's Court Releases Typical Cases on Inheritance Disputes (First Batch)
Source: Supreme People's Court
The family is the cell of society. General Secretary Xi Jinping has profoundly pointed out that “family harmony leads to social stability, family happiness leads to social peace, and family civilization leads to social civilization.” The inheritance system is an important system for passing on wealth and helping the weak, and the handling of inheritance disputes is directly related to family happiness and social peace. The Civil Code of the People's Republic of China has set up a special section on inheritance to provide for inheritance-related issues. The People's Courts adhere to Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era as their guide, thoroughly implement Xi Jinping's Thought on the Rule of Law and the spirit of General Secretary Xi Jinping's important instructions on the importance of family, family education and family culture, fully implement the relevant provisions of the Civil Code, and give full play to their adjudicative functions in order to appropriately hear cases of inheritance disputes according to law.
In order to give full play to the functions of judicial decisions in regulating, evaluating, educating and leading, the Supreme People's Court has carefully selected from the cases submitted by courts across the country, and selected two batches of eight cases, which will be released successively.
The first batch of four cases released this time mainly involves the application of the new system of the Civil Code such as estate administrators, the unification of adjudication standards, as well as the people's courts adherence to and development of the “Fengqiao experience” in the new era and other excellent practices. This batch of cases is characterized by the following aspects:
Firstly, the new provisions of the legislation were applied accurately, and the parties were guided to make good use of the law. In order to handle the estate more appropriately, the Civil Code has added a new estate administrator system, which provides for the selection, duties and rights of the estate administrator. In Case 1, the People's Court took the initiative to inform the parties of the provisions on the administrator of the estate, guided the parties living apart at home and abroad to jointly select the administrator of the estate, completed the liquidation of the estate, made an inventory of the estate, reported the estate, and ultimately guided the parties to reach a settlement agreement on the division of the estate, which resulted in the settlement of the case and the realization of human peace. In Case 2, the People's Court applied the provisions of the Civil Code regarding the subrogation system for children of siblings to determine the rights and obligations of the parties.
Secondly, the application of the law is clear and the standard of decision is unified. In judicial practice, there are different understandings as to whether rural land contract management right can be inherited as inheritance. Case four, the people's court through the case decision, clear rural land contract management right to the household as a unit, family members within the household in accordance with the law, equal enjoyment of all rights and interests of the contracted land. After the death of the head of the household, the land contract management right does not belong to his estate and no inheritance problem occurs; other family members within the household can continue to enjoy the contract rights and interests during the contract period. The handling of this case provides a reference for the hearing of such cases.
Third, adhere to and develop the new era of “maple bridge experience”, diversified dispute resolution. Properly resolve inheritance disputes, need to pay attention to mediation, and good use of diversified dispute resolution mechanism. In case one, the people's court actively utilized the power of the village committee and the housing acquisition command, which laid a good foundation for the settlement of the case. In Case 3, the People's Court participated in the whole process of dispute handling, intervened in advance, guided the mediation, and worked with the local grass-roots self-governing organizations and the Comprehensive Governance Center to contribute to the resolution of conflicts between the parties, and then carried out judicial confirmation. Afterwards, the parties concerned also donated their inheritance to the village committee, which was ultimately used to repair roads and benefit friends and neighbors, resolving both legal and psychological knots.
Case 1
Adhering to and Developing the “Fengqiao Experience” in the New Era, Realizing the Settlement of Cases and the Harmony of People
--Wang Mou v. Zhao Mou and Other Legal Succession Disputes
[Basic facts of the case]
The decedent Zhao and Wang were husband and wife and had Zhao I, Zhao II and Zhao III. Zhao and Wang built 11 houses in a village.In 2000, Zhao died intestate, and Zhao's parents died before Zhao.In 2016, Wang signed a pre-signing agreement with the local people's government's housing expropriation office for housing expropriation compensation, agreeing to exchange the expropriated houses for three sets of buildings and a portion of the compensation. Wang received a notice to move back into the house in 2022. Now, Wang and Zhao Yi, Zhao Er and Zhao San have unsuccessfully negotiated over the inheritance of Zhao's estate and sued the court. The parties did not have a clear opinion on how to manage the inheritance left by Zhao.
[Referee situation]
The parties to this case, with the exception of Wang, were Zhao I, Zhao II and Zhao III, all of whom were living abroad. In order to properly handle the case, the trial court went to the village committee, the housing acquisition headquarters to understand the situation of the family members of the decedent Zhao, the scope and status of the inheritance, the debts and liabilities involved in the inheritance, etc., and informed the parties in accordance with the law, the Civil Code of the People's Republic of China on the provisions of the system of estate administrators, the parties agreed to determine an estate administrator to deal with matters of inheritance and unanimously elected the current domestic They unanimously elected Mr. Wang, who is now living in China, as the administrator of the estate. Under the guidance of the trial court, Mr. Wang cleaned up his estate and made a list of his estate in a timely manner, and repeatedly reported the situation of his estate to the other heirs through online video. After analyzing the law and reasoning patiently, the parties finally reached a settlement agreement on the division of the estate.
[Typical significance]
The Civil Code of the People's Republic of China has added a new system of estate administrators, which provides for the selection and duties of estate administrators. In the course of handling this case, on the one hand, the trial court adhered to and developed the “Fengqiao Experience” of the new era, actively utilized the power of the village committee and the housing acquisition command to comprehensively understand the status of the estate and the relevant situation of the heirs, which laid a good foundation for the settlement of the case. On the other hand, the trial court gave full play to the role of the estate administrator system, fully respect the wishes of the parties, according to the law to guide the parties to elect a suitable heir as the estate administrator, and to guide the estate administrator to perform their duties, was recognized by other heirs, is the legal inheritance cases in the application of the estate administrator system of positive exploration and useful attempts. In the end, the parties reached a settlement agreement, truly realizing the end of the case and people.
Case 2
If the decedent has no first-order heirs and the siblings die before the decedent, the children of the siblings shall be subrogated to the inheritance
--Jia Mou and Zhang Mou v. Jia Mou 2 and Jia Mou 3 Inheritance Dispute Case
[Basic facts of the case]
In 2021, Jia died without a spouse or children. Jia was preceded in death by his parents, grandparents, and maternal grandparents. Jia has four siblings, Jia Mou, Jia Mou 2, Jia Mou 3, and Jia Mou 4. Jia died in 2007 and had a daughter, Zhang. Jia Mou and Zhang Mou sued Jia Mou Er and Jia Mou San to the court, claiming joint inheritance of Jia Mou's real estate, each enjoying a 25% share of the property rights.
[Referee situation]
The trial court held that the decedent Jia did not leave a will, had no spouse or children, and his parents had died before him, so he had no first-order heirs. Among the second-order heirs, grandparents and grandparents died before him, so he should be inherited by his siblings. Jia Mou's sister Jia Mou four died before Jia Mou, should be subrogated by Jia Mou four daughter Zhang Mou inheritance.
The shares of inheritance of heirs of the same order should generally be equal. The heirs who have done the main duty of support to the decedent, when distributing the inheritance, can be more shares. In this case, Jia Mou two, Jia Mou three in Jia Mou life to do more support obligations, in Jia Mou died for his funeral arrangements, according to the law should be appropriate share. Zhang mou in the litigation voluntarily will be inherited share of half to jia mou two, jia mou three, is the disposition of their own rights, according to the law shall be permitted. It was decided that the house in dispute was to be inherited by Jia Mouyi as 20% of the share of property rights, and by Jia Mouyi and Jia Mouyi as 40% of the share of property rights.
[Typical significance]
Article 128, paragraph 2, of the Civil Code of the People's Republic of China provides that: “If a sibling of the decedent dies before the decedent, the children of the sibling of the decedent shall be subrogated to the heir.” The Civil Code of the People's Republic of China adds the provision of subrogation succession by the children of the decedent's siblings to the original provision of subrogation succession by the children of the decedent's children in the direct line of descent, expanding the scope of the legal heirs, which ensures the inheritance of property within the family and reduces the number of cases of uninherited property, and at the same time promotes the development of kinship relations, encouraging the elderly to bring up their children and encourage relatives to help each other. At the same time, the heirs who have done more to support the obligation to appropriate more shares of the inheritance, as well as Zhang's voluntary gift in the litigation of the inheritance share, not only reflects the principle of the rights and obligations of the same, but also a strong promotion of family members to respect each other, help each other, and maintenance of kinship harmonious family style.
Case Three
Village committee's goodwill to send the old man to his death, the heirs are grateful for the donation of inheritance
--Inheritance Dispute between Qin Moumou and Cheng Mouying etc.
[Basic facts of the case]
Cheng Moumou and Qin Moumou had four sons and one daughter, including Cheng Mouying, after their marriage. Cheng died in 2022, and because his children were all working outside the village, the village committee financed the purchase of a coffin and other funeral supplies for him and handled his funeral. Cheng had a balance of RMB 90,000, and his spouse, Qin Moumou, had a dispute with Cheng Mouying's five children over their inheritance rights.
The local village committee and town comprehensive treatment center, town people's court jointly organized mediation, Cheng Mouying and other children thanked the village committee's help, are willing to first enjoy their share of the inheritance to Qin Moumou, and then by Qin Moumou to the village committee of the inheritance. The local town people's mediation committee presided over the parties on the share of the inheritance to QinMouMou intention to reach a mediation agreement, after the mediation agreement together to the people's court to apply for judicial confirmation. After the judicial confirmation, Qin Moumou will be bequeathed to the village committee, and ultimately used to repair the local roads, benefiting the village friends and neighbors.
[Referee situation]
The trial court held that the conciliation agreement reached by the parties met the statutory conditions for judicial confirmation of a conciliation agreement, and ruled that the conciliation agreement was valid and that the parties should conscientiously perform their obligations in accordance with the agreement.
[Typical significance]
Article 1132 of the Civil Code of the People's Republic of China provides that “heirs shall, in the spirit of mutual understanding and accommodation, harmony and solidarity, deal with matters of inheritance through consultation”. In this case, the village committee, as a grass-roots self-governing organization, took the initiative to help the villagers whose children were not with them to deal with their afterlife; the heirs were grateful for the help, and ultimately unanimously decided to donate the inheritance, which was a kind of transfer of goodwill, and promoted the socialist core values. At the same time, this case is also a pre-litigation mediation and judicial confirmation, diversified settlement of inheritance disputes typical case. The people's court took the initiative to participate in mediation from the dispute arose, and the local grassroots autonomous organizations, the comprehensive governance center to facilitate the resolution of conflicts between the parties, and then at the application of the parties to the judicial confirmation, and witnessed the parties to the inheritance of the case will be donated to the village committee and the village committee will be the inheritance of the repair of the local roads, participated in the entire process of the dispute, to help the parties to not only unravel the knot of the law, but also to open up a knot in the heart, and to preserve the valuable The case was handled through the whole process of the dispute.
Case 4
Rural land contracting right cannot be inherited as inheritance, and other members of the household continue to enjoy the contracting right
--Nong Mouyi, Ling, Nong Mouyi, Nong Mouyi, Nong Mouyi, Nong Mouyi, Nong Mouyi v. Nong Mouyi, Nong Mouyi
[Basic facts of the case]
Mr. Nong and Mr. Ling were husband and wife and had children Mr. Nong, Mr. Nong, Mr. Nong, Mr. Nong and Mr. Nong. Nong Mouwu was born to Nong Mouwu and another person. Nong Mouwu grew up with Nong Mou and Ling Mou. Nong Mouyi, Nong Mouyi, Nong Mouyi, Nong Mouyi, and Nong Mouyi have established another family.
In 2017, Nong Mou, as the representative of the contractor, entered into the Rural Land (Cultivated Land) Contract (Family Contracting Method) with his village group. The Annex to the Contract, “Rural Land Contracting Right Public Announcement Results for Households”, states that the total number of contracted plots is 5 plots of 5 acres, with a total of 3 family members, and the names of the members are Nongmou, Lingmou, and Nongmouwu. Nong died in 2022.
[Referee situation]
The trial court held that the contract signed between Nongmou and the villagers' group was not limited to Nongmou himself, but also included Lingmou and Nongmou Wu, all three of them being the same contracting body. When nongmou passed away, the contracted land by other members of the contracting household to continue to operate, reflecting the national “no increase in people, no decrease in people” land contracting policy. Farmer is not a member of the agricultural contracting household, not eligible to obtain the land contract management right. After the death of the farmer, the land in question should be the remaining members of the contracting household Lingmou, farmer five continue to operate. Lingmou, nongmou one, nongmou two, nongmou three, nongmou four claim to inherit the right to operate the land has no factual and legal basis, so the judgment rejected the five people's litigation request.
[Typical significance]
Article 16 of the Law of the People's Republic of China on Rural Land Contracting stipulates that “the contracting party to a family contract is a farming household of the collective economic organization. Family members within the household shall enjoy all rights and interests in the contracted land on an equal basis in accordance with the law.” Rural land contract management rights should be acquired on a household basis, and after the death of the head of household or a member of the contracting household, other members may continue to contract during the contracting period, so the rural land contract management rights do not belong to the estate of the deceased, and do not give rise to inheritance problems. This case dealt with the inheritance of rural land contracting rights and clarified the rules of adjudication, providing reference and lessons for the trial of such cases.
[Editor: Liu Yaotang]
