Case Background
Our firm represented a Chinese national domestic helper (Plaintiff) in a dispute concerning a foreign-related bequest. The decedent, Zhang Moubin (Chinese national), bequeathed his property in Guilin and its attached furniture to the domestic helper who had cared for him for seven years, via a notarized will in 2009. After the decedent’s death in 2010, his two foreign-national daughters (Defendants: Zhang Mou, US resident; Lee Hong, Australian citizen) refused to cooperate with the property transfer. The Plaintiff, having fulfilled the funeral obligations, filed a lawsuit seeking confirmation of the bequest’s validity.
Case Challenges
1. Procedural Hurdles in Foreign-Related Litigation
- Defendants residing separately in the US and Australia necessitated diplomatic service of legal documents.
- Defendants filed a jurisdictional objection to delay proceedings (2010).
2. Will Validity Disputes
- Overseas heirs challenged the authenticity of the notarized will.
- Determination of whether the condition attached to the bequest (handling funeral affairs) was fulfilled.
3. Cross-Border Enforcement Obstacles
- Property registration required cooperation from all statutory heirs.
- Foreign defendants engaged in passive litigation (absent from all four court hearings).
Our Service Highlights
1. Rigorous Argumentation for Jurisdictional Sovereignty
- Cited Article 265 of the Civil Procedure Law: Exclusive jurisdiction lies with the location of the immovable property (Guilin).
- Successfully moved for on-the-spot dismissal of the jurisdictional objection (Die Min Chu No. X Ruling of 2010).
2. Multi-Dimensional Validation of Will Validity
- Retrieved original archival records from the notary office (Guilin Gui Zheng Min Zi No. 2012 of 2009).
- Established an evidence chain for funeral handling (funeral expense receipts + employer certificate + bank withdrawal records).
3. Precise Definition of Bequeathed Property
- Traced provenance of 42.18m² property through housing reform archives (Gui Fang Gai Guo Yong [2001] No. XXX).
- Notarized photographic documentation of four major appliance models (Meiling Refrigerator / Gree Air Conditioner / Ronsh Washing Machine / Haier Water Heater).
4. Mastery of Default Judgment Procedures
- Complete documentation of four rounds of service by public announcement (2010-2014).
- Applied Article 144 of the Civil Procedure Law: Defendants’ waiver of rights does not affect substantive adjudication.
Case Outcome
1. Full Confirmation of Bequest Title
- Final judgment ordered: Property located at XXX Building, XX Residential Area, Diecai District, Guilin City, and the four major appliances belong to the Plaintiff.
2. Transfer of Procedural Costs
- Case acceptance fee of RMB 450 borne by the overseas defendants.
3. Establishment of Precedential Rules
- Created the principle: “Foreign-related bequests of immovable property apply the lex situs(law of the place where the property is situated)”.
- Established the rule of automatic recognition of the extraterritorial effect of notarized wills.
4. Judicial Efficiency Demonstration
- The four-year procedural timeline comprehensively covered the entire diplomatic service process.
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