Which old man should adopt three wills?Legal regulations: subject to the final will

The elderly made a will to punish their own property to avoid family conflicts caused by property problems. Without imagination, after some people's will, their children in the family still went to court. Recently, the Siming Court released a case.

Grandpa Li and Grandma Liu have 6 children, including the eldest son, Li and five daughters. Grandma Liu and the eldest son Lao Li died. The house under Li Ming was negotiated by Lao Li's legal heirs. It was registered as Lao Li's only son, Li Zhan's share of 99%, and Grandpa Li accounted for 1%of the share. In October 2020, Grandpa Li was hospitalized due to cancer, during which he wrote a self -book will, stating that he inherited 1%of the share under the name after his death. In January 2021, Grandpa Li wrote another will, which stated that he voluntarily gave up the right to inherit the inheritance of the eldest son and Lao Li. After a hundred years, all property was inherited by Xiao Li. In May 2021, Grandpa Li signed another printed will, which was "registered in the case in my name, 1%of the property rights belonged to my property, and inherited by my five daughters." That month, Grandpa Li died of cancer.

In July 2021, Xiao Li mailed the "Accepting Statement" to the five aunts, indicating that accepting Grandpa Li in January 2021 asked five aunts to cooperate with the transfer procedures. However, the five aunts did not cooperate with the transfer procedures. Xiao Li sued to the court and asked to confirm that 1%of the property rights involved in the case belonged to Xiao Li.

The court trial believes that the legal effect of multiple wills in this case shall apply the inheritance law and civil code for review. Among them, in October 2020's self -book will meet the inheritance law, and the physical condition of Grandpa Li, who is recorded in the medical record, can determine that the will is his true and effective expression. The self -book will in January 2021 also meets the requirements of the form of the Civil Code, and combined with the statement of the two parties in the court trial to identify the communication ability of Grandpa Li during the trial, it can also determine that the will is his true and effective expression. In May 2021, because of lack of more than two witnesses, it is not effective.

According to the law, there are several wills in accordance with the law, and the contents are conflicted with each other. The final will shall prevail. The last valid will is a will inherited by Xiao Li inherited by Xiao Li in January 2021, so the verdict supports Xiao Li's claim. After the verdict, the parties did not appeal, and the judgment had legal effect.

(Text/Xiamen Daily Reporter Tan Xinyi Correspondent Siyuan Tuyuan Network)

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