Author: Flying Tank

"Donate 100 million to the charity foundation to support medical and educational undertakings in the mainland. Mr. Huang, I will definitely convey your love to you. Thank you for your concern for charity."

Lawyer Wang nodded, wrote down Huang Shitong's words in his notebook, and then asked Huang Shitong to sign. At the same time, he asked the prison to send two prison guards as witnesses and videotape the entire process.

There are strict legal procedures for making wills and donations, so don’t feel cumbersome. These procedures have been perfected case by case to protect the interests of the parties involved.

It's a pity that many people don't understand the law and think that as long as they make a will, it has legal effect. Therefore, it is difficult for the will to take effect after an accident occurs.

Decades later, there was a typical case in Nantong. A 30-year-old man made a will and left his property to his grandfather. The result of the will was invalid in the end.

The man's surname was Li, and he was a poor man. His father died in a traffic accident when he was young, leaving behind an orphan and a widowed mother.

The still young mother did not want to be a widow, so she thought of remarrying.

Strictly speaking, this is human nature. After all, Mr. Li's mother was still young at that time, only in her twenties. If widowhood was possible in ancient times, it is simply not realistic in modern times.

Not only Mr. Li's grandparents, but also his grandparents also supported his remarriage.

only!

What people didn't expect was that when Mr. Li's mother remarried, she didn't want to take Mr. Li, a slut, and left him to Mr. Li's grandparents, and went to live a small life on her own.

At that time, Mr. Li was only a few years old. It can be said that he was raised by his grandfather and grandmother.

This made Mr. Li very filial to his grandparents and felt that the two elderly people were his most important relatives. Therefore, when he became an adult, Mr. Li took on the responsibility of supporting the two elderly people.

Unfortunately, something unexpected happened. During a physical examination at the work unit, Mr. Li was diagnosed with cancer, which was still in the advanced stage. It can be said that he will not die soon.

This caused Mr. Li's family to suffer an immediate crisis.

Faced with his grandfather and grandmother who were crying all day long, Mr. Li made a will while he was in the hospital because he was not married and had children.

He printed "After my death, all my property will belong to my grandpa and grandma!" on A4 paper, stamped his private seal on the paper, signed his name, and wrote down the specific date.

Judging from the format of the will, it was very formal, so Mr. Li did not go to the notary office for notarization. After writing the will, he gave it to his grandparents for safekeeping.

After Mr. Li's death.

His mother, who had remarried, suddenly stood up and demanded a share of the inheritance in the name of her legal first-order heir.

How is this possible?

A married daughter throws away water, let alone a remarried daughter-in-law.

After remarrying, Mr. Li's mother severed ties with Mr. Li. Not to mention ordinary times, his mother did not even show up on Mr. Li's birthday during holidays.

The mother and son can be said to be almost strangers.

Otherwise, Mr. Li deliberately excluded his mother when making his will.

Therefore, in the face of Mr. Li's mother's request, Mr. Li's grandfather and grandmother flatly refused.

What the two elderly people didn't expect was that after being rejected by Mr. Li's grandparents, Mr. Li's mother took the two elderly people to court.

It stands to reason that Mr. Li has made a will, his mother has remarried, and his grandparents are old and need support. The court should rule against his mother and hand over the inheritance to Mr. Li's grandfather and grandma.

But the result was unexpected. The court ruled that Mr. Li's will had no legal effect and was an invalid will. His mother, as the first-order heir, could receive most of Mr. Li's estate.

When the news spread, many people scolded the judge, thinking that he was blind and had been bribed by Mr. Li's mother.

In fact, the judge is truly innocent, because this is how the law stipulates, and the judge pronounces the verdict in accordance with the law, and there is no malpractice for personal gain.

The law has clear provisions on wills.

If it is a self-written will, that is, a will written by the testator himself, it can be proved to be valid as long as it is signed and marked with the year, month and day.

However, if the will is printed, it must be witnessed by more than two witnesses. The testator and witnesses must sign on each page of the will and indicate the year, month, and day for it to be valid.

This is not because the legal provisions are cumbersome and difficult, but because signatures are not safe.

You can use white paper to defraud the signatures of the parties involved, and then print them out to forge the will.

After the probate law came into being, this kind of thing happened more than once and twice, which harmed the interests of the parties involved. The law specifically stipulates that the printing of a will must be witnessed by more than two witnesses.

In contrast, there is no need for a handwritten will. The most you can do is verify the authenticity of the note and make sure it was written by someone else.

Because a handwritten will cannot be faked.

That's what Mr. Li is like.

The will he made was not handwritten, but printed. This shows that the will belongs to the category of printed wills. It must be witnessed and signed by witnesses to be legally effective. If not, it is invalid.

The reason why this situation occurs is because legal education is not extensive, which makes Mr. Li mistakenly believe that as long as the will has his signature, everything will be OK.

Why doesn't something like this happen in Europe and the United States?

It's because too many things happened in the past, and everyone was on guard. As long as you made a will, regardless of whether you had money or not, you would go to a lawyer for consultation.

The rich hire a private lawyer, and the will they make is notarized and handed over to the lawyer for safekeeping. After the death of the client, the lawyer takes it out and reads it out.

If you don’t have money, go to a law firm and find a trainee lawyer to help you draft a will. After it is notarized, take it home and keep it for yourself.

So as to avoid accidents.

Fortunately, there are favors outside the law. Although Mr. Li's will is invalid and his mother is the first heir, the judge still fulfilled Mr. Li's wishes as much as possible to the best of his ability.

First of all, Mr. Li was raised by his grandfather and grandmother. Although it is only natural for grandfather and grandmother to raise their grandson in the absence of their son, the law stipulates that there must be a reward for the efforts.

The two elderly people must be protected in their old age.

The law stipulates that appropriate inheritance can be distributed to people other than heirs who rely on the decedent for support, or to people other than heirs who support the decedent more.

This provision gives those who have more support for the deceased the right to distribute the inheritance as appropriate, and also embodies the principle of consistency of rights and obligations.

Therefore, even if Mr. Li's grandfather and grandmother cannot inherit the inheritance as heirs because they are not the first heirs in line, according to the above provisions of the law, not only can the inheritance be appropriately divided to meet his basic living needs.

You can also get as much appropriate inheritance as possible to match your support. This also reflects the law’s affirmation and encouragement of traditional virtues such as supporting the elderly and helping the disabled and those in need.

As for Mr. Li’s mother.

Although Mr. Li’s mother was the first heir to the inheritance and had the right to inherit Mr. Li’s estate, because she remarried, Mr. Li was given to his grandfather and grandmother to raise.

The court will have to consider whether it constitutes abandonment of Mr. Li.

If, through investigation, it is found that his mother has remarried and ignored Mr. Li, which constitutes a crime of abandonment, then her mother will lose her inheritance rights. In this case, her grandfather and grandmother, who are the second-in-line heirs, can obtain the inheritance rights.

In this way, Mr. Li's wish can be realized and all the inheritance will be handed over to grandpa and grandma to inherit.

There was no follow-up report on this matter, and Lei Weidong didn't know it either. Presumably the outcome wouldn't be too bad, and the judge would satisfy Mr. Li's last wish to the greatest extent possible.

I would never think of being bribed as many trolls say.

This is actually a tragedy for society.

The customs formed over thousands of years have made the mainland a humane society. When encountering something, people usually don't ask lawyers for inquiries, but ask people to find connections.

I think that if I have a relationship, I have everything, and that the relationship is greater than the Dharma.

But everyone forgot.

Most of the society is made up of ordinary people. The so-called second generation of officials and second generation of rich people are only a minority. Many cases are disputes between ordinary people and ordinary people. In this case, a good lawyer can definitely help you more than a trustee.

The relationship is many times better.

Because the judgment has a preliminary trial, an intermediate review and a final trial.

For ordinary citizens, you can still find connections in the lower courts. In the intermediate courts, it is difficult for ordinary people to get the connections above. Even if you can, the judge will not break the law for you because it is not worth it and you are not the son of a high-ranking official.

The younger brother of a wealthy businessman.

Lei Weidong also had several lawyer friends in his previous life.

While chatting, I heard them say that their favorite lawsuits were those involving divorce, property and wills.

First, this kind of lawsuit makes money.

Because when inheritance or property is divided, lawyers can charge a certain fee. Although the proportion is small, if there is a lot of property, it can be higher than the lawyer's fees.

Secondly, this kind of lawsuit is not as dangerous as a criminal lawsuit, it does not involve resignation, and it is not as troublesome as a civil lawsuit, because a certificate needs to be run many times.

You just need to help the client take advantage of the loopholes as much as possible within the scope of the law.

It doesn’t matter if you are not satisfied with the result, just continue to appeal. The more fierce the appeal, the more money the lawyer will make.

Fortunately, in the Mainland, there are many people in Xiangjiang who have been beaten into paupers because of divorce lawsuits and will lawsuits.

——

"Huang Shitong donated 100 million to the charity foundation?" Looking at the record of donation from the foundation sent by Jian Huizhen, Huang Shitong's name was in it, Lei Weidong asked, "Has the money arrived?"

"The account arrived an hour ago. Huang Shitong was very prompt this time. He decided to donate in the morning and asked his family to do it in the afternoon. The account he used was his Swiss bank account, which is not within the scope of our seizure."

"It was decided in the morning and done in the afternoon. It's really fast." Lei Weidong nodded and asked: "What does Sima Nian's group mean? Should they continue to retaliate or stop here."

"That's it!" Jian Huizhen said, "Sima Nianzu's biggest wish is that his mother can enjoy her old age in peace. Now that the nursing home has been included in the charity fund's funding targets, there is no need to worry about her future life.

In addition, Huang Shitong has already entered prison and will need to stay in jail for ten years before he can be released. With Huang Shitong's age, he will be over 80 years old before he can be released after ten years.

If you are not in trouble with an old man, you are letting go of your father's hatred."

"Since Sima Nian's group thinks so, let's stop here. Huang Shitong and others always made great contributions in 1973 and saved many Chinese-owned companies.

And apart from Sima Xiang's case and stock market manipulation, he has no other evil deeds, so let him stay in prison for ten years." Lei Weidong nodded, indicating that Huang Shitong's matter could be cleared up and he could get over it.
To be continued...