Case Background
Our firm represented the family members of a British-Chinese decedent (Li Jia) in a dispute over his estate in China. The ownership of two Nanjing properties (valued at RMB 2.75 million + unvalued) was contested. Will validity and statutory reserved shares triggered cross-border litigation involving four relatives, lasting seven years and spanning three trial instances.
Case Challenges
1. Dual Dilemmas in Asset Titling
- Unit 302 (138.8m²): Registered under decedent’s name, but parents claimed full ownership via outright gift after full payment.
- Unit 202 (79.85m²): Registered under spouse’s name, but in-laws claimed it as marital property.
2. Cross-Border Will Validity Conflict
- Did the handwritten will (“Nanjing houses for parents’ retirement”) comply with Chinese/UK formal requirements?
- UK-national minor son claimed entitlement to a statutory reserved share.
3. Countering Malicious Allegations
- In-laws cited a UK police station transcript alleging spouse caused death via “abandonment.”
4. Conflict of Laws Issues
- Dispute over the retroactive application of the 2011 Law on the Application of Law in Foreign-related Civil Relations.
Our Service Highlights
1. Penetrating Argumentation on Asset Ownership
- Unit 302: Identified the original payer via purchase payment receipts (Li Yi, connected to parents).
- Unit 202: Traced housing reform archives (spouse’s mother).
2. Precise Anchoring of Will Validity
- Applied Article 40 of the Interpretation of the Inheritance Law: Handwritten note met the requirements for a holographic will.
- Refuted UK witnessing rules: Chinese law mandatorily applies to immovable property inheritance.
3. Rigorous Protection of Minor's Rights
- Invoked Article 19 of the Inheritance Law: Awarded the minor son a 1/7 share of the property.
- Constructed a monetary compensation model (RMB 2.75 mil ÷ 7 = RMB 393,500).
4. Breaking Procedural Barriers
- The seven-year litigation cycle fully covered diplomatic service/evidence authentication.
- On-the-spot dismantling of “abandonment allegations” (police transcript ≠ judicial finding).
Case Outcome
1. Final Title Confirmation Ruling
- Unit 302 awarded to parents (conditional upon paying minor son RMB 393,500 compensation).
- Unit 202 excluded from the estate (confirmed as spouse’s separate property).
2. Optimized Procedural Costs
- Second-instance litigation fee of RMB 23,000 apportioned based on success ratio.
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