Case Study - Foreign Marriage

1、 Case Introduction

Yang Fanghua and Gao Ming registered their marriage after losing one's spouse. After Gao Ming's death, they left behind two houses (with a total assessed value of 30 million yuan): the houses in Huangpu District were registered under the names of Gao Ming and his ex-wife; The houses in Pudong New Area are registered under the names of Yang Fanghua and Gao Ming.

Yang Fanghua and Gao Rui, the son of Gao Ming, had a dispute over their share of inheritance. Yang Fanghua then entrusted Lawyer Wang Lin from Shanghai Li Xiaohua Law Firm to represent him in filing an inheritance dispute lawsuit with the court.

2、 Controversy Focus

1. The plaintiff Yang Fanghua believes that as the current wife of Gao Ming, she is the first in line heir and has the right to make inheritance claims for the two houses;

2. The defendant Gao Rui believes that both houses have the name of their father Gao Ming, and as sons, they should both enjoy inheritance shares.

3、 Lawyer's opinion

Due to the complexity of the case, the court conducted multiple court hearings, investigations, evidence cross examination, and listened to the opinions of both the plaintiff and defendant through handwriting appraisal, house valuation, and other procedures.

During the trial, Lawyer Wang Lin provided a lawyer's opinion based on facts and the law

The house in Pudong New Area was 80% funded by Yang Fanghua, and the deceased Gao Ming confirmed in his will that the entire share of the house will be inherited by the plaintiff Yang Fanghua. According to Article 1130 and Article 1065 of the Civil Code of the People's Republic of China, the house shall be constructed in accordance with the agreement and will; The plaintiff Yang Fanghua should receive more points from Plaintif Yang Fanghua.

4、 Court presented over mediation

Both parties sign a mediation agreement:

1、 The houses in Huangpu District belong to the defendant Gao Rui;

2、 The property in Pudong New Area belongs to the plaintiff Yang Fanghua.

(The individuals involved in this article are all pseudonyms)