Li Laobo and his wife have a pair of children: A Jun and A Juan. When their children grew up, they both joined foreign countries and settled abroad for a long time. Li Laobo's wife died in April 20 12, and his children voluntarily gave up half of their mother's inheritance in the house, so Li Laobo, who is over 80 years old, inherited and lived in the house alone.
Just when needed, Li Laobo's sister-in-law made a special trip from his hometown Hefei to take care of Li Laobo's daily life. The two became more and more affectionate and got married on 20 12 121October 29th.
On July 20 18 14, Li Laobo wrote a "self-made will": Li, a retired worker, has a 74.4-square-meter house with two bedrooms, one living room, one kitchen and one bathroom, and the address is Room 2007. Pudong New Area Road 10 1 Lane. My two children have moved to the United States and Canada for a long time to work. I was born in 1933, and now I am 83 years old. I am sick and can't take care of myself. So from 20 1 1, my sister Li came from Hefei to take care of my daily life. In order to thank my sister, after my death, all my properties will be inherited by my sister. In order to maintain stability and unity, I hereby certify this will.
Eight months after writing his will, from 2065438 to March 2005, Li Laobo went through notarization in Shanghai Pudong Notary Office, and entrusted Ajun to go through the formalities of renaming and selling the house. In April, Mr. A signed a contract with Mr. Huang on behalf of Li Laobo to sell Li Laobo's house to Mr. Huang at a price of 210.2 million yuan. Li Laobo's sister was forced to move out, and Mr. Huang renovated and moved into the house. /kloc-in June of 0/4, Li Laobo passed away.
Li Laobo's sister refused to accept and sued Li Laobo's children to Pudong court. The court added the buyer, Mr. Huang, as the third party to participate in the lawsuit according to law.
Should Li Laobo's house be handled according to legal inheritance or testamentary inheritance? Become the focus of controversy in this case.
According to the relevant laws and regulations, after the inheritance begins, the legacy support agreement should be implemented first; If there is a surplus, it shall be inherited or bequeathed by will; The rest shall be handled according to legal inheritance. If the testator's behavior before his life is contrary to his will, and before the beginning of inheritance, the property disposed of by the testator is lost or partially lost, or the ownership is transferred or partially transferred, the will shall be deemed to be revoked or partially revoked.
In this case, Mr. A disputed the authenticity of Li Laobo's will made in July 14. After judicial appraisal, this will was written by Li Laobo himself and signed by two unrelated witnesses. Therefore, the court held that the will was a true expression of Li Laobo's meaning, and A Jun and A Juan's opinion that the will was invalid was not adopted by the court.
On March, 2065438+2005 10, Li Laobo entrusted Ajun to go through the formalities of renaming and selling the house, and signed a contract to actually hand over the house. It can be seen that Li Laobo's behavior in dealing with the house is contrary to the meaning of his will, and it is determined that Li Laobo has revoked the original will. Therefore, the court did not support Li Laobo's sister's claim to inherit the house.
Yan Qian, the judge in charge of the case, explained that Li Laobo and his sister are close relatives, and the marriage was invalidated in another case. His sister is not the first heir to Li Laobo, but she has done her duty to support Li Laobo. Therefore, A Jun and A Juan should make appropriate compensation for Li Laobo's sister within the scope of inheritance.
In the end, the court ruled that Li Laobo's sister's request to inherit the house according to the will was rejected. At the same time, Ajun and Ajuan compensated Li Laobo's sister for 300,000 yuan.
When the old man left, he left the question to the closest people. 300,000 compensation is fair. I hope this aunt can be happy in her later years.