The stepmother should be divided into most of her father's legacy with a will. The children opposed it.

The rich died,

The current wife holds a will to allocate heritage,

The ex -wife is called

The form of the stepmother's print will is wrong

The court requests to confirm that the will is invalid,

What is the fact?

Subsidies to distribute heritage with a will with a will

Children who are not convinced

In 2003, Zhang Wanshun and his wife Li Meili registered to get married, and had Zhang Qiang and Zhang Qian. In 2012, the two divorced due to the emotional rupture agreement, and agreed that their children were raised by Li Meili.

In 2017, Zhang Wanshun married his current wife Zhao Wenhe, and the two sides did not have children. In February 2020, Zhang Wanan died of invalidation after treatment. For many years of business, Zhang Wanshun has accumulated considerable wealth: two millions of luxury homes in the name, several other real estate buildings, two luxury cars, and more than 8 million yuan in bank deposits.

After Zhang Wanan's death, his ex -wife Li Meimei found Zhao Wenhe, and asked Zhang Qian, Zhang Qiang and Zhao Wenwan to inherit the heritage of Zhang Wanshun. At this time, Zhao Wenhe took out a printed will for the end of the end of January 2020. According to the will, except for the real estate and cash agreed in the divorce agreement with his ex -wife Li Meili, all property inherited by Zhang Qian and Zhang Qiang.

Although the printed will shows that "During my period of setting up the test, I was sober and not being coerced and fraudulent when I set up the will. The above will be voluntarily made. Any interference in property and rights and interests, but Li Meilfang believes that the will be offended from Zhang Wanshan a few days before Zhang Wanshu's death. At that time, Zhang Wanshan had been conscious and could not be issued. Zhao Wenhe did not show it. The two sides could not decide, and Zhang Qian and Zhang Qiang took Zhao Wenhe to the court.

Is it effective to print the will?

From a formal point of view, the first to the third page of the will is signed by Zhang Wanshiang, and no other personnel signed. According to the provisions of the Civil Code, the will and witnesses printed by the will should sign on each page of the will and annotate next year, month, and day. Therefore, the form of the printed will does not comply with the law.

In addition, the Civil Code also requires that those who have a favorable relationship with the heir and the beyond those shall not be a witness. Wang Wu, one of the witnesses, borrowed from Zhang Wanshun and Zhao Wenhe, belonging to the "debtor" of the couple, in fact, it has a interesting relationship with Zhao Wenhe.

In the end, because the form of a will does not meet the requirements of the law, the Fuyang Court ruled that the printing will be invalid.

After the verdict, Zhao Wenhe appealed, and the second instance of the Hangzhou Intermediate People's Court in Zhejiang Province maintained the original judgment.

(The characters in the text are pseudonym)

Judge remind

As a new form of will in the civil code, the civil code has strictly strictly stipulated the effectiveness of printing will. In this case, the signature method of the printing will and the witnesses of the witnesses violated the Civil Code on the validity of the print will, so it was invalid. Article 1,1033 to 1,144 of the Civil Code of the Civil Code made clearly stipulate the "will inherit and be inherited and preferentially given". Disputes of production are a proper way to make a will. The inheritance of the will reflects the principle of autonomy, but before the will, be sure to study the relevant laws and regulations of the Civil Code carefully. Only the will to meet the following conditions is a legitimate and effective will:

1. The testor must have a complete civil ability;

2. The will of the testor must be its true meaning;

3. The testor has the right to punish the property punished in the will;

4. The content of the will must be legal.

Law link

"Several Provisions of the Supreme People's Court on Application of the" Play of the People's Republic of China "Patriotic" stipulates that before the implementation of the civil code, the will of the will of the testor is controversial for the effectiveness of the will, and the civil law is suitable for the effectiveness of the will. The provisions of Article 1,36 of the Code, except for the processes before the implementation of the Civil Code.

Article 1,36 of the "People's Republic of China" stipulates that more than two witnesses should be witnessed by the printed will. The will and witnesses should sign on each page of the will, and annotate next year, month, and day.

Article 180 of the "People's Republic of China" stipulates that the following personnel cannot be a witness as a will:

(1) People without civil behavior, people restrict civilian behavior, and other people who do not have witnesses;

(2) Inheritor and sufferred gifts;

(3) Those who have a favorable relationship with the heir and the bearing person.

Source: Rule of Law Daily (All Media Reporter: Wang Chun)

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