Zhang A v. Du et al. (retrial of case regarding dispute over repayment of decedent’s debts)

[Judgment Abstract]

If the counterparty of a contract holds an IOU written by the decedent, and in another case, it is proved that the decedent has actually entrusted others to collect the materials on their behalf, and the paper used for receipts of materials, and the contents and forms of the receipts are consistent with the evidence submitted in the other case, it can be determined that there is a legal relationship of buying and selling, as well as that debt exists. In addition, if the testimony of witnesses proves that the decedent has actually entrusted others to perform the contract on their behalf, and the receipts are issued and signed by the trustee, if the heir makes the only opposite claim but does not provide any evidence to prove that, such a claim shall not be supported. If the heir actually owns and manages the decedent’s inheritance, they shall bear the responsibility for repayment of the aforementioned debts of the decedent, within the scope of inheritance.

Li Liangjian and Li Liangqi v. Li Liangwei et al. (Prosecutor-protested case of dispute over inheritance)

[Judgment Abstract]

The choice between statutory succession and testamentary succession depends on whether a valid will exists or not. If a valid will exists, testamentary succession begins. The forms of a will mainly contain the testator-written one, and the one written on behalf of the testator, among others. Where a testator has made two wills that conflict with each other, if the later is valid, it prevails; otherwise, the earlier prevails. Where the later will is a will written on behalf of the testator, if the two witnesses have only witnessed the testator signing his name on the will, but not the content of the will and the whole process of the will being made, it is an invalid will in noncompliance with relevant provisions of the Law of Succession. Therefore, testamentary succession should begin based on the earlier signed testator-written will.

Guo v. Huang (retrial of case regarding dispute over legal succession)

[Judgment Abstract]

If a party signs a financial loan contract with a bank using their house as collateral, but in order to prevent the house from being enforced, the party deliberately signs a conciliation agreement with another person who has given up the inheritance of the house to indicate that the other person enjoys an inheritance right and has a share of the mortgaged house, and the court had made a written conciliation statement for this, the people’s court shall decide to cancel the written conciliation statement on the ground that the party has maliciously colluded with the other to damage the interests of creditors.