Dad (Mom) has the final say?Wrongwealthinheritance concept
Director Wang is a successful entrepreneur and loves his family very much. He has two sons who are very obedient. Director Wang has been busy making money and has never had time to do “family business inheritance”, and he firmly believes that his two sons I have been obedient since I was a child, and I have never disobeyed his wishes after marrying my wife, so I am not in a hurry.
Until he was seriously ill and entered the hospital, Director Wang, who was in his 70s, called his two sons to the hospital bedside. He wanted to explain the company and property distribution. Director Wang said: The company I founded is for the purpose of concentrating equity, and the company’s stock is worth 500 million. Yuandu was inherited by his eldest son, and about 300 million yuan in real estate and other cash was inherited by his younger son. The two sons said in front of him that they would definitely follow their father’s wishes. After saying this, Wang Dong went to see God with a smile.
Director Wang’s family inheritance plan should go smoothly without any problems, right?
Unfortunately, the younger son soon had to share the family property equally and asked his eldest brother to share the company stock with him too!
The eldest brother refused, so the younger son sued the court and asked the judge to divide the family property equally. He wanted half of everything.
The eldest son said that his father gave a very clear explanation, and he could present the audio and video of the scene as evidence. During the video, his father said, “I will divide my property like this because I love everyone. Every child said yes, and we will abide by it.” I don’t want to quarrel.” He proposed to prove that his father had indeed made it clear and that he fully followed his father’s wishes. It was the younger son who was unfilial.
What do you think the judge will do?
A. The younger son (plaintiff) wins the lawsuit. According to the law, everyone hasinheritance rightsall property is divided equally.
B ruled in favor of the eldest son (defendant). According to the father’s wishes, the eldest son inherited the company’s stock, and the rest was inherited by the younger son.
On the day of sentencing, the judge pronounced: A’s youngest son won the case.
The eldest son was surprised why the judge sentenced him like this? Because although Wang Dong’s last words can be proven to be true, they “have no legal effect.” The audio and video materials produced by the eldest son are not “Will”, so Wang Dong’s last words are only morally binding and do not separatelegacyeffect, thus dividing all property equally.
Most people think that there is no rush to inherit wealth and that they can wait until the last day of their lives? In fact, we have no way to predict which day will be the last day. We often go to see God without explaining how to distribute property. As a result, there are endless disputes among children about property. Even if there is a verbal explanation, but the children do not follow the instructions, it may be in vain.
For example, if Mr. Wang in this case understands the law, he only needs to hand-write the full text of the will, sign it and write the year, month and day, and it will be a valid self-written will, which may avoid a lawsuit between his children. A will can ensure that his succession plan has legal backing.
Since our hard-earned property is to bless the next generation, in addition to verbal explanations, we must also learn to use the law to protect the happiness of the next generation.
◎The content of this article has been authorized by lawyer Su Jiahong, and the original text is here; any reproduction without permission is prohibited.
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