The man left the legacy of more than 5 million yuan to his girlfriend, and his parents did not do ...
Author:Peninsula Time:2022.07.21
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Treating heated discussion among netizens
On July 20, the reporter learned from the Wuhan Jianghan District Court that the case passed by--
Gao was about 40 years old. He died of illness last year and was unmarried during his lifetime. Before his death, he made a will: a real estate worth 4 million yuan, a deposit of 1 million yuan, and a girlfriend Wang, who had all gifted by a Mercedes -Benz car. After Gao was buried, Wang Mou proposed to Gao's parents to cooperate with the house transfer procedures and was rejected, and then sued to the court.
During the front investigation, Wang cried and said that the will was written by Gao, and he only fulfilled Gao's last wish. Gao's parents always burst into tears that the real estate under their son's name was hollowed out for half a life savings.
During the mediation of both parties in the organization, the judge told Wang that Gao Mou's girlfriend who gave his parents a house for one year, not to mention Gao's parents, the general public was difficult to understand and accept. The relationship between the intercourse considers the facts of their parents and the living security of her parents while accepting the inheritance.
"My girlfriend took care of Gao Mou during her lifetime and had a certain emotional foundation with Gao." The judge told Gao's parents that since he recognized the will as his son, he must try to respect his emotional sustenance and last wish.
In the end, after five rounds of mediation, Wang and Gao's parents reached a mediation agreement: the property belongs to Gao Mou's parents, Mercedes -Benz Automobile and deposit belong to Wang, and Gao's parents paid Wang Mou's compensation of 600,000 yuan.
After reading the case
Netizens also raised their questions:
"Does Gao's will still have legal effect?"
understand more
What is the effectiveness of the "self -book will"?
After the official implementation of the "People's Republic of China" in 2021, the legal form of will now includes six legal forms of will: self -book will, book will, printed will, recording and video will, verbal will, and notarized will. Among them, the self -book will, as the most common, most convenient and lowest form of will, is widely used in daily life.
The "People's Republic of China" stipulates the basic form of the self -book will, that is, the testor wrote, signed, and annotated next year, month, and day. But only these simple elements, it is difficult to write a complete self -book will. It should be noted that a descendant will have the following three requirements:
First, the testor wrote by himself and requires that the whole content of the will is written by the will. If the content of the will is written on behalf of others, the will does not belong to the self -book will but may belong to the book will. If the content of the will is written by others, it may be recognized as tampering with the will.
Second, the signature of the testor is a must -have for written will. The full text of the will is written by the testor, but in the end it is not signed, and the self -book will not be valid. Even if the content of the will is written by the testor, the lack of signatures cannot be 100 % determined to be recognized by the testor.
Third, it is the important basis for the date of confirmation of the formation of the will for the formation of the will.
in addition
"People's Republic of China"
It also stipulates the invalid of the will:
The will of people without civil behavior or restrictions on civilian behaviors is invalid.
The will must express the true meaning of the testor, and the will of the dedication and coercion is invalid.
Forgery will invalidate.
If the will is tampered with, the content of tampering is invalid.
◆ Source: Qilu Evening News integrated from the Yangtze River Daily, Shandong Gaofa, netizens' comments, etc.
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