In order to protect the privacy and safety of the parties, all the parties in this article use pseudonyms. This article was originally written by Jin Shuangquan, a legacy lawyer. Please indicate the source. Case introduction: Wu Dalang and Zhang Fen are husband and wife. They have four daughters, namely Wuhe, Wushen, Chen Wu and Zhang Wu. Zhang Fen died on 20 14 12 18. As husband and wife with Cui, Wu Shen was declared as a person without civil capacity by the people's court, and her husband Jin 1 was the guardian. There are 7 houses in the homestead under the name of Wu Dalang. In 2000, Wu Dalang, Vuch and * * * signed a support agreement, which read as follows: With the consent of family members, his father Wu Dalang, his mother Zhang Fenggui and his son-in-law Cui supported his death. The support conditions are as follows: the three daughters and couples are old people, and all the property of the old people is inherited by him. No family member has the right to interfere, nor can he abuse his parents during his stay in Yang Shan. In case of abuse, the parents have the right to recover the right of inheritance after consultation with family members. Zhang Fen was present when the agreement was signed, but he didn't sign it because he couldn't write. After the agreement was signed, Zhang Fen, Wu Dalang and Chen Wu lived together until 20 14. After the signing of the above agreement, they negotiated with their parents, demolished the above house with their wife Jiang, and rented it at the expense of others. On 20 10, the homestead under Wu Dalang's name was demolished, and the compensation for the overground property went to Chen Wu. Chen Wujiang100000 yuan was deposited in the account of China Construction Bank under the name of Zhang Fen, and Zhang Fen took it out and distributed it to his four daughters. After 100000, the remaining 80000 is deposited in 20 13 10. After Zhang Fen's death, Wu Dalang and Chen Wu's generals Wu Shen, Zhang Wu and Wu He appealed to the court, demanding that the bank deposit in Zhang Fen's name be divided by law, with Wu Dalang and Chen Wu each enjoying 400,000 yuan. Trial process: During the trial, Wu Dalang and Chen Wu claimed that the 800,000 yuan deposited in Zhang Fen's name was due land compensation from Wu Dalang and Zhang Fen. Both parties agreed that the money should be owned by Wu Dalang and Zhang Fen. As of1October 3 1 20 15, the total principal and interest of the above account is 8 12000 yuan. Zhang Fen's passbook is now kept by Wu Dalang. During the trial, Wuhe submitted a will made by Zhang Fen on September 20 14 18. The content is: 1. Now that Zhang Fen is old, in order to avoid disputes between children due to inheritance in the future, while I am sober-minded, I have taken the following measures for my property: based on No.301in Changping District, Beijing, Zhang Fen's share of the compensation for house demolition registered in Wu Dalang's name will be inherited by Wu He and one person after Wu Dalang's death; 2. Based on the fact that the house is registered under the name of Wu Dalang, Zhang Fen enjoys the preferential demolition purchase index of 56 square meters (including the parity preferential index of 46 square meters and the semi-bargaining preferential index of 10 square meters), which is invested and purchased by Wuhe, and the property right of the purchased house belongs to Wuhe; 3. Based on the shares issued to Zhang Fen by members of rural collective organizations in Changping District, Beijing, all the rights and interests were inherited and accepted by Wu He after Zhang Fen's death; 4. After Zhang Fen's death, all the rights and interests enjoyed and distributed in his own name were inherited and received by Wu He alone; 5. Zhang Fen's existing property and the part that may be inherited or acquired in the future were inherited by Wu He after Zhang Fen's death. Zhang Fen himself has a clear head and clear thinking. The above is what I really mean, and there is no fraud or coercion in his exercise. Zhang Fen, the neutral testator in the will, has fingerprints on his name. The representative of the will is Sunny, and the witness is Li. At the same time, the will is stamped with the seal of the People's Mediation Committee of a village in Changping District and the seal of a legal consultation center in Beijing. Wu He said that Zhang Fen's signature on the will was signed by others, and Zhang Fen's fingerprints were held by himself. Wu Dalang and Chen Wu refused to recognize the authenticity and legality of the will, on the grounds that it did not meet the conditions stipulated by law, and there was no personal signature of the testator and no other circumstantial evidence to prove its objective authenticity. At the same time, Wuhe recognized that the testator's signature on the will was signed by someone else, but it was impossible to explain who signed it. Therefore, Wu Dalang and Chen Wu have reason to think that they have subjective malice when signing the contract, in an attempt to help one party infringe on the legitimate rights and interests of Wu Dalang and Chen Wu. The will was established on September 20 18 14. According to the hospital medical records provided by Wu Dalang and Chen Wu, from August 20 14 to February 2065438, Zhang Fen, who was 83 years old, suffered from various geriatric diseases and was continuously rescued in the hospital. Even if you go to the notary office, you can't prove that the testator has full capacity for civil conduct. Combined with someone forging his signature, Wu Dalang and Chen Wu both claimed that the will could not oppose the maintenance agreement and property disposal agreement signed by the testator with Vuch and Chen Wu in 2000. These two agreements, signed by Chen Wu and Wu He, specifically stipulate the obligations of Chen Wu and his wife to their parents, including the testator, and the right to obtain all their parents' property after a hundred years. Wu Shen and Zhang Wu also denied that the will submitted by Wu He was written by Zhang Fen, and they also denied its validity. After the court asked, both parties indicated that they would not confirm the authenticity of the fingerprints on Zhang Fen's name in the will. During the trial, the court asked the witness Li, Li and Li about the determination of the will. Sharla Cheung said that at that time, Zhang Fen found him and said that he wanted to leave his property to Wuhe, so he had to write something until the village committee found him and asked for his will many times. Sharla Cheung was afraid of the army, so he found Sang Ni, and then three people wrote a will in the adjustment office of the village committee. Sonny wrote Zhang Fen's name in the will, Zhang Fen himself, Anna's fingerprints, ghostwriter and witnesses all signed it, and Zhang Fen also approved the content. Li said: meet him one day and tell him that he doesn't want to live with him. After a while, I asked him to help me write my will. The content of the will was written by Zhang Fen himself. The fingerprint is my own, and the name was signed by Li on his behalf. Wu Dalang and Chen Wu disagreed with the above two statements, and thought that the will was only beneficial to one party and should be invalid. At the same time, the signature was not signed by Zhang Fen himself. Considering that Zhang Fen received emergency treatment many times when he made his will, it is doubtful whether he has the capacity to act. In this regard, Wu He believes that the will is a unilateral legal act, and the decedent can make a will according to his own wishes, without notifying the heir, and advocates that the will is legal and valid. The court found out that Zhang Fen was diagnosed with tachycardia and coronary insufficiency on August 23rd, 2004. 65438+1October 1 1, Zhang Fen was rescued in this hospital again, conscious. Diseases are divided into circulatory system and digestive system. In order to prove that Zhang Fen's demolition funds should be inherited by Chen Wu, Chen Wu submitted an agreement on June 5438+00, 2004. The content of the agreement is that father Wu Dalang, mother Zhang Fenggui and son-in-law Cui Yongjun decided to die according to family consultation. The property of the old man belongs to two people, and no family member can interfere. Parents should not abuse their parents during the maintenance period. If they are abused, their parents have the right to recover their property inheritance after consultation with family members. In addition, the rent of seven old houses belongs to the elderly, whether they are rebuilt or not. The compensation for land acquisition and occupation given by the state belongs to the elderly. Chen Wu signed the agreement on behalf of Zhang Fen, and Wu He denied the authenticity of the agreement, saying that Chen Wu's signature as one party to the agreement but not the other party was invalid. Wu He proposed that Zhang Fen had a deposit in the bank, and applied to the court for withdrawal of the deposit, requesting that it be settled together with this case. According to the court's inquiry, Zhang Fen's four bank accounts totaled 6,543,800 yuan+0.5 million yuan. On May 3, 20 15, the cancellation was withdrawn, and all the money was given to Wu Dalang after being withdrawn by Zhang Wu. Wu He thinks that half of the deposit is Zhang Fen's legacy and claims Zhang Fen's legacy. Wu Dalang and Chen Wu claimed that the money was the rental income of the house built by Chen Wu, not the property of Wu Dalang and Zhang Fen, but the property of the family, and thought that the money had nothing to do with the demolition money sued by Wu Dalang and Chen Wu. Wu He should stand alone if he wants to get the corresponding benefits. Trial result: Beijing Changping District People's Court ruled that the principal interest in China Construction Bank account belongs to Wu Dalang, and Wu Dalang paid 3 16.88 yuan to Wuhe within 198 16.88 days after this judgment came into effect. After the judgment of first instance, Wu Dalang, Chen Wu, Wu Shen and Zhang Wu refused to accept the judgment of first instance and appealed to the court of second instance. After trial by the court of second instance, the court of second instance ruled that the appeal was rejected and the original judgment was upheld. Comments on the case of Jin Shuangquan, a heritage lawyer: Jin Shuangquan believes that according to Article 5 of the Inheritance Law, after the inheritance begins, it shall be handled according to legal inheritance; If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement. In this case, Wu Shen did not sign the Legacy Support Agreement signed by both parties in 2000, but his legal representative recognized the validity of the agreement, and Zhang Fen was present when the agreement was signed, without raising any objection. Therefore, it can be concluded that the agreement is the true intention of the parties and is legal and effective. As can be seen from the contents of this support agreement, this agreement has the nature of serving the will, that is, Chen Wu and his wife support Wu Dalang and Zhang Fen after their death, and the property rights of Wu Dalang and Zhang Fen are inherited by Chen Wu and his wife. Because Wu Dalang and Zhang Fen own seven houses on the homestead, they can dispose of it, but they can't dispose of the homestead. Therefore, we can know that Wu Dalang and Zhang Fen described in the agreement that after their death, seven houses on the ground will be inherited by Chen Wu and his wife. Shortly after the signing of the agreement, seven houses in Chen Wu were demolished and rebuilt, and the property disposed of by Wu Dalang and Zhang Fen in the agreement was lost, so Zhang Fen's legacy at the time of his death no longer included the above seven houses. On 20 10, the homestead in Wu Dalang was demolished, and the compensation for the above-ground property has always been owned by Chen Wu. In this case, the land compensation under Zhang Fen's name disputed by the original defendant belongs to the property of Wu Dalang and Zhang Fen, of which 400,000 yuan was the personal legal property left by Zhang Fen when he died, but Zhang Fen did not dispose of the money in the 2000 maintenance agreement and the 2004 agreement, so Chen Wu did not claim to inherit the above 400,000 yuan according to the 2000 maintenance agreement. With regard to the will submitted by Wuhe, it can be concluded from the witness's statement that the will was written by a ghostwriter according to Zhang Fen's meaning, and all the witnesses said that Zhang Fen himself pressed his handprint in the will. Although Wu Dalang and others refused to admit the authenticity of Zhang Fen's handprint in Vuch's will, they did not apply for judicial expertise. In the absence of evidence to the contrary, the court confirmed the authenticity of Zhang Fen's handprint in the will. At the same time, combined with Zhang Fen's medical records, we can know that he suffers from circulatory and digestive diseases and has no mental problems. At the same time, he was examined in the menstrual hospital one month after making a will, and combined with the witness's statement, we can know that Zhang Fen is a person with full capacity for civil conduct, and his will-making behavior is the expression of his true meaning, so the will is true and effective. Wu Dalang and Chen Wu claimed that Zhang Fen signed a will to write for others. However, due to Zhang Fen's illiteracy, Zhang Fen forbeared handprints in his will, and it was excessive to ask an old man who couldn't write to sign it. The act of forbearing handprints by signing it has the same legal effect. Therefore, the claims of Wu Dalang and Chen Wu were not supported by the court. At the same time, Wu Dalang and Chen Wu proposed that there were no other heirs present when making a will, and that making a will violated the principle of fairness and claimed that the will was invalid. Jin Shuangquan, an inheritance lawyer, believes that a will is a legal act for the decedent to dispose of his personal property, and he can dispose of his legal property according to his own will without the consent of other heirs. Therefore, the claims of Wu Dalang and Chen Wu should not be supported by the court. For other litigation matters of the parties, because they are not within the scope of acceptance of this case, the court has not tried them together, and the parties may handle them separately. To sum up, the court's decision is correct. Jin Shuangquan, an inheritance lawyer, reminds you that the parties who read this article, such as housing transactions, must be cautious and know more about the relevant housing policies when signing contracts and agreeing on the time limit for performance. If you don't know, you must consult relevant professionals to avoid future disputes. Of course, if there is a dispute, don't worry. You must keep the correspondence, letters, text messages and other relevant evidence between the two parties at the first time, and find a senior professional real estate lawyer at the first time to protect your legitimate rights and interests to the maximum extent. If you have more questions, please consult Anju Real Estate Lawyer Network.