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遗嘱不是“写了就算”,这些效力问题要注意
Xin Lang Cai Jing· 2025-12-21 23:49
因协商无果,孙阿姨将小钱诉至法院,要求继承涉案房屋。 钱大爷与孙阿姨为再婚夫妻,婚后未生育子女,钱大爷与前妻育有一子小钱与两个女儿钱大姐、钱二 姐。钱大爷去世后,留下了单位房改时自己购买的房产一套。孙阿姨找到小钱协商房产继承问题,小钱 拿出遗嘱,称钱大爷已经将房子留给自己。 该遗嘱内容载明,自愿将下列归钱大爷个人所有的财产遗嘱留给本人的儿子小钱继承,包括位于北京市 海淀区某小区某号的房屋,及其名下的其他合法财产,包括银行存款。立遗嘱人为钱大爷,见证人为钱 某甲、钱某乙。日期为2022年12月26日。 转自:北京日报客户端 提前立遗嘱、安排身后事,成为越来越多人的理性选择。但遗嘱并非"落笔即生效",形式要件不符、见 证人不合格、多份遗嘱冲突等问题,都可能导致遗嘱失效,让亲情陷入继承纠纷。 利害关系人代书遗嘱 将导致遗嘱无效 审理中,钱某甲、钱某乙到庭作证,称自己是钱大爷同村的村民,遗嘱内容由钱大爷陈述,小钱书写, 写完后念给钱大爷听,钱大爷表示认可;钱大爷神志清醒但因为手没有劲不能写字,自己按了手印;钱 某甲、钱某乙作为见证人分别签名并按手印。 【法院审理】 对于涉案房屋中属于钱大爷遗产的部分,应当按照法定继承 ...
把遗产留给“想给的人”,法律为老人“撑腰”
Xin Jing Bao· 2025-10-29 12:04
Core Points - The article discusses the importance of elderly individuals arranging their assets according to their wishes to avoid disputes among heirs, highlighting the legal rights they possess in asset disposition [1] Group 1: Case Summaries - Case 1 involves an elderly man, Li Xiancheng, who signed multiple "nursing agreements" with different parties, leading to disputes over property after his death. The court ruled in favor of the party that provided continuous care, emphasizing the importance of fulfilling obligations under such agreements [2][3][4] - Case 2 features a couple who left a notarized will bequeathing their property to their daughters and sons-in-law, which sparked controversy among heirs. The court upheld the will, affirming that individuals can bequeath assets to non-heirs, reflecting the increasing trend of such arrangements [5][6] - Case 3 discusses a couple's joint will, which was altered by the surviving spouse after one passed away. The court recognized the validity of the new will, allowing the surviving spouse to change the distribution of their personal assets [7][8] Group 2: Legal Insights - The article highlights the significance of legally binding wills and agreements for elderly individuals to ensure their wishes are respected and to prevent disputes among heirs. Various forms of wills are recognized under the law, including handwritten and notarized versions [9] - It emphasizes that individuals who neglect or abuse their elderly parents may lose their inheritance rights, promoting a culture of familial responsibility and care [10] - The article also discusses the preferential validity of nursing agreements over statutory inheritance, encouraging social participation in elderly care and enhancing the quality of life for seniors [11]
谨慎筹划遗嘱信托,破解企业家资产传承困局
Di Yi Cai Jing· 2025-08-04 11:19
Core Viewpoint - The article emphasizes the importance of estate planning for entrepreneurs to prevent disputes over inheritance among family members after their passing, highlighting the need for wills and professional executors [1][2][3]. Group 1: Estate Planning - Entrepreneurs should establish a will and appoint trusted professionals as executors to ensure a smooth transition of their assets and business [1][3]. - It is crucial to prepare for unexpected events by having contingency plans for key personnel, especially in light of increasing corruption and executive turnover [2][3]. - The recent legal disputes involving the late founder of Wahaha, Zong Qinghou, illustrate the complexities of inheritance issues faced by aging entrepreneurs [1][2]. Group 2: Legal Considerations - The jurisdiction for inheritance cases is determined by the deceased's nationality, marital status, and location of death, which is particularly important for entrepreneurs with international ties [2][3]. - The 2021 Civil Code changes the priority of notarized wills, making all valid wills equal in legal standing, thus requiring careful consideration of all forms of wills [4][8]. - Various types of valid wills are recognized under the Civil Code, including handwritten, witnessed, and video-recorded wills, which must meet specific legal criteria to be enforceable [5][8]. Group 3: Family Dynamics and Wealth Preservation - Aging entrepreneurs face challenges in balancing family harmony with the demands of children regarding inheritance, necessitating professional assistance in managing their estates [6][7]. - To prevent family disputes and ensure business continuity, it is advisable to consider trust arrangements that separate ownership from management [6]. - The article notes the historical context of wealth preservation, emphasizing that many families fail to maintain their wealth across generations due to inheritance conflicts [6]. Group 4: Litigation Process - Inheritance disputes often begin with clarifying the deceased's marital relationships and identifying community property before proceeding to estate distribution [7][8]. - The first step in litigation involves notifying all potential heirs, which can be complicated in families with members spread across different jurisdictions [7]. - The article outlines the process for executing wills and the legal framework for statutory inheritance, emphasizing the importance of timely and comprehensive estate planning [8].
宗馥莉掌控离岸公司,遗产争夺或早有布局
21世纪经济报道· 2025-07-22 07:45
Core Viewpoint - The article discusses the ongoing inheritance dispute involving the estate of Zong Qinghou, founder of Wahaha Group, focusing on the legal complexities surrounding the trust and the control of assets, particularly the HSBC accounts linked to Jian Hao Ventures Limited, which is controlled by Zong's daughter, Zong Fuli [1][4][6]. Group 1: Trust Structure and Legal Implications - The offshore trust structure typically serves as the top layer in cross-border inheritance frameworks, with the trust holding companies in BVI and potentially other jurisdictions [3]. - Zong Fuli's Jian Hao Ventures Limited is speculated to be a lower-tier company in this structure, with her serving as a director or controlling figure [3][6]. - The effectiveness of the trust established by Zong Qinghou is under scrutiny, particularly regarding its legal standing in the face of conflicting wills [6][17]. Group 2: Legal Proceedings and Court Decisions - The inheritance dispute is being litigated in both Hong Kong and Hangzhou, with the Hong Kong case focusing on the validity of a $2.1 billion family trust and the Hangzhou case addressing the inheritance of a 29.4% stake in Wahaha Group [9][12]. - The Hong Kong High Court has indicated it will delay its ruling until the Hangzhou court resolves key factual issues, including the familial relationship of the plaintiffs to Zong Qinghou [12][14]. - The Hong Kong court's decision is expected to be announced on August 1, 2025, with a brief hearing anticipated [11][19]. Group 3: Will Validity and Inheritance Rights - The validity of Zong Qinghou's 2020 will, which states that "overseas assets are inherited by the only daughter," is contested due to potential conflicts of interest among the witnesses [17][18]. - If there are other heirs, such as underage children, the will may be partially invalidated as it must reserve a necessary share for them according to civil law [18][19]. - The legal requirements for the will's validity, including witness conditions, are discussed, highlighting the complexities of inheritance law in both Hong Kong and mainland China [17][18].
宗氏三兄妹在港起诉宗馥莉文书曝光 法院指令:被告需说明转出的108.5万美元下落
Mei Ri Jing Ji Xin Wen· 2025-07-17 00:18
Group 1 - The core issue revolves around a legal dispute among the heirs of the late Zong Qinghou, founder of Wahaha, with three individuals claiming to be his children suing his daughter, Zong Fuli, for control over family assets [2][9][26] - The lawsuit was filed in December 2024, just months after Zong Qinghou's death, indicating that family conflicts had already begun to surface [11][26] - A temporary injunction has been issued by the Hong Kong High Court, preventing Zong Fuli and Jian Hao Ventures Limited from disposing of or reducing the assets in a bank account held in the name of Jian Hao Ventures Limited [11][28] Group 2 - The plaintiffs are seeking information regarding the current balance of the HSBC account, the status of approximately $1.085 million that was transferred out, and detailed accounts of asset movements since February 2024 [27][28] - Jian Hao Ventures Limited is identified as a key offshore trust entity, with reports suggesting that Zong Qinghou established a family trust worth $2.1 billion for his descendants [34] - The legal dispute raises questions about the validity of the will that allegedly names Zong Fuli as the sole heir, as well as the biological relationship of the plaintiffs to Zong Qinghou [39]