"Donate 100 million to the charity foundation to fund medical and educational undertakings in the mainland. Mr. Huang, I will definitely convey your love to you. Thank you for your concern for charity." Lawyer Wang nodded and wrote down in his notebook He then asked Huang Shitong to sign his name, and asked the prison to send two guards as witnesses and videotape the entire process.
There are strict legal procedures for wills and donations, so don’t feel cumbersome and troublesome. These procedures have been perfected case by case to protect the interests of the parties involved.
It's a pity that many people don't understand the law and think that as long as they make a will, it is legally binding, so it is difficult for the will to take effect after an accident occurs.
Decades later, there was a typical case in Nantong, where a 30-year-old man made a will and left his property to his grandfather and grandmother, but it ended up being invalid.
The man's surname was Li. He was a poor man. His father died in a traffic accident when he was young, leaving behind an orphan and a widowed mother.
The young mother did not want to be a widow, so she thought of remarrying. Strictly speaking, this is human nature. After all, Mr. Li's mother was still young at that time, only in her twenties. If widowhood was possible in ancient times, it is simply not realistic in modern times.
Not only Mr. Li’s grandparents, but also his grandparents also supported his remarriage. only! What people didn't expect was that when Mr. Li's mother remarried, she didn't want to take Mr. Li, a scumbag, and left him to Mr. Li's grandparents, and went to live a small life by herself.
At that time, Mr. Li was only a few years old. It can be said that he was raised by his grandfather and grandmother. This made Mr. Li very filial to his grandparents and felt that the two elderly people were his most important relatives. So when he became an adult, Mr. Li took on the responsibility of supporting the two elderly people.
Unfortunately, something unexpected happened. During a physical examination at the work unit, Mr. Li was diagnosed with cancer, which was still in the advanced stage. It can be said that he will not die soon.
This put Mr. Li's family in immediate danger. Faced with his grandfather and grandmother who were crying all day long, Mr. Li made a will while he was in the hospital because he was not married and had children.
He prints on A4 paper
"After my death, all my property will belong to my grandpa and grandma!" He stamped his personal seal on the paper, signed his name, and wrote down the specific date.
Judging from the format of the will, it was very formal, so Mr. Li did not go to the notary office to notarize it. After writing the will, he gave it to his grandparents for safekeeping.
After the death of Mr. Li. His mother, who had remarried, suddenly stood up and demanded a share of the inheritance in the name of her legal first-order heir.
How is this possible? The water thrown out by a married daughter, let alone a remarried daughter-in-law. After remarrying, Mr. Li's mother severed ties with Mr. Li. Not to mention normal times, his mother did not even show up on Mr. Li's birthday during holidays.
The mother and son can be said to be almost strangers. Otherwise, Mr. Li deliberately excluded his mother when making his will.
Therefore, in the face of Mr. Li’s mother’s request, Mr. Li’s grandfather and grandmother flatly refused. What the two elderly people didn't expect was that after being rejected by Mr. Li's grandparents, Mr. Li's mother took the two elderly people to court.
It stands to reason that Mr. Li has already made a will, his mother has remarried, and his grandparents are old and need support. The court should rule against his mother and hand over the inheritance to Mr. Li's grandparents.
But the result was unexpected. The court ruled that Mr. Li’s will had no legal effect and was an invalid will. His mother, as the first-order heir, could receive most of Mr. Li’s estate.
When the news spread, many people criticized the judge, thinking that he was blind and had been bribed by Mr. Li's mother.
In fact, the judge is truly innocent, because this is how the law stipulates. The judge pronounces the sentence in accordance with the law, and there is no malpractice for personal gain.
The law has clear provisions on wills. If it is a self-written will, that is, a will written by the testator himself, it can be proved to be valid as long as it is signed and the year, month and day are marked.
But if a will is printed, it must be witnessed by more than two witnesses. The testator and witnesses must sign on each page of the will and indicate the year, month and day for it to be valid.
This is not because the legal provisions are cumbersome and difficult, but because signatures are not safe. You can use white paper to defraud the signatures of the parties involved, and then print them out to forge the will.
After the probate law came into being, this kind of thing happened more than once and twice, harming the interests of the parties involved. The law specifically stipulates that the printing of a will must be witnessed by more than two witnesses.
In contrast, there is no need for a handwritten will. At most, you can verify the authenticity of the note to make sure it was written by someone else.
Because a handwritten will cannot be faked. That's what Mr. Lee is like. The will he made was not handwritten, but printed. This shows that the will belongs to the category of printed wills. It must be witnessed and signed by witnesses to be legally effective. If not, it is invalid.
The reason why this situation occurs is because legal education is not extensive, which makes Mr. Li mistakenly believe that as long as the will has his signature, everything will be OK.
Why doesn't this happen in Europe and the United States? It's because too many things happened in the past, and everyone was on guard. As long as you made a will, no matter whether you had money or not, you would go to a lawyer for consultation.
The rich hire a private lawyer, and the will will be notarized and handed over to the lawyer for safekeeping. After the death of the client, the lawyer will take it out and read it out.
If you have no money, go to a law firm and find a trainee lawyer to help you draft a will. After it is notarized, take it home and keep it for yourself.
So as to avoid accidents. Fortunately, there are favors outside the law. Although Mr. Li's will is invalid and his mother is the first heir, the judge still tried his best to fulfill Mr. Li's wishes within his ability.
First of all, Mr. Li was raised by his grandfather and grandmother. Although it is only natural for grandfather and grandmother to raise their grandson in the absence of their son, the law stipulates that there must be a reward for what they have given.
The two elderly people must be protected in their old age. The law stipulates that appropriate inheritance can be distributed to people other than heirs who rely on the decedent for support, or to people other than heirs who support the decedent more.
This provision gives those who have more support for the deceased the right to distribute the inheritance as appropriate, and also embodies the principle of consistency of rights and obligations.
Therefore, even if Mr. Li’s grandfather and grandmother cannot inherit the inheritance as heirs because they are not the first heirs, according to the above provisions of the law, not only can the inheritance be appropriately divided to meet his basic living needs.
They can also get as much appropriate inheritance as possible to match their support, which also reflects the law’s affirmation and encouragement of traditional virtues such as supporting the elderly and helping the disabled.
As for Mr. Li’s mother. Although Mr. Li’s mother was the first heir to the inheritance and had the right to inherit Mr. Li’s estate, because she remarried, Mr. Li was left to be raised by his grandfather and grandmother.
The court will have to consider whether it constitutes abandonment of Mr. Li. If, through investigation, it is found that his mother remarried and ignored Mr. Li, which constitutes a crime of abandonment, her mother will lose her inheritance rights.
In this case, the grandfather and grandmother who are the second-in-line heirs can obtain the inheritance rights. In order to realize Mr. Li's wish, all the inheritance will be handed over to grandpa and grandma to inherit.
There was no follow-up report on this matter, and Lei Weidong didn't know. Presumably the outcome wouldn't be too bad, and the judge would satisfy Mr. Li's last wish to the greatest extent possible.
I would never think of being bribed as many trolls say. This is actually a tragedy for society. Customs formed over thousands of years have made the mainland a humane society. When something happens, people usually don't ask lawyers for help, but ask others to find connections.
They think that everything is possible if they have relationships, and that relationships are greater than the Fa. But everyone forgot. Most of society is made up of ordinary people. The so-called second generation of officials and second generation of rich people are only a minority. Many cases are disputes between ordinary people and ordinary people. In this case, a good lawyer can definitely help you more than a trustee. It is many times better to find a relationship.
Because the judgment has preliminary, intermediate and final trials. For ordinary citizens, you can still find connections in the lower courts. In the intermediate courts, it is difficult for ordinary people to get the connections above. Even if you can, the judge will not break the law for you because it is not worth it and you are not the son of a high-ranking official. The younger brother of a wealthy businessman.
Lei Weidong also had several lawyer friends in his previous life. While chatting, I heard them say that their favorite lawsuits were those involving divorce, property and wills.
First, this kind of lawsuit makes money. Because when inheritance or property is divided, lawyers can charge a certain fee. Although the proportion is small, if there is a lot of property, it can be higher than the lawyer's fees.
Secondly, this kind of lawsuit is not as dangerous as a criminal lawsuit, does not involve resignation, and is not as troublesome as a civil lawsuit, because one certificate requires many times.
You just need to help the client take advantage of the loopholes as much as possible within the scope of the law. It doesn’t matter if you are not satisfied with the result, just continue to appeal. The more fierce the appeal, the more money the lawyer will make.
Fortunately, in the Mainland, there are many people in Xiangjiang who have become paupers because of divorce and will lawsuits.
----------
"Huang Shitong donated 100 million to the charity foundation?" Looking at the record of donation from the foundation sent by Jian Huizhen, Huang Shitong's name was in it, Lei Weidong asked,
"Has the money arrived?"
"The account arrived an hour ago. Huang Shitong was very prompt this time. He decided to donate in the morning and asked his family to do it in the afternoon. He used his account in a Swiss bank, which is not within the scope of our seizure."
"It was decided in the morning and done in the afternoon. It's really fast." Lei Weidong nodded and asked: "What does Sima Nian's group mean? Should they continue to retaliate or stop here."
"That's it!" Jian Huizhen said,
"Sima Nian's group's biggest wish is that his mother can enjoy her old age in peace. Now that the nursing home has been included in the charity fund's funding targets, there is no need to worry about her future life. In addition, Huang Shitong has already entered prison and needs to spend ten years in prison before he can be released. With Huang Shitong His age, he will be over 80 years old before he can be released in ten years. If you don't embarrass yourself with an old man, you will let go of your father's hatred."
"Since Sima Nian's group thinks so, let's stop here. Huang Shitong and others always made great contributions in 1973 and saved many Chinese-owned companies. And apart from Sima Xiang's conspiracy and manipulation of the stock market, there is no other evil. Okay, let him stay in prison for ten years." Lei Weidong nodded, indicating that Huang Shitong could clear up his matter and get over it.
"How to deal with Ma Zhihua? This guy's mistakes are much worse than Huang Shitong's. He committed several fatalities before he started his career. He has killed at least twenty people overtly and covertly over the years. That is to say, in Xiangjiang, if in mainland China Definitely eat peanuts." Jian Huizhen asked.
"Is there any evidence of those fatalities?"
"There is no direct evidence, only indirect evidence, mainly because too much time has passed. The charges against Ma Zhihua are stock market manipulation, money laundering, and murder. We are still looking for evidence, but even if the evidence is found, he will be sentenced to more than ten years at most."
"A sentence of more than ten years is already very good. The laws in Xiangjiang are like this. When arresting, we can exploit loopholes and kill the criminals directly. No one will say anything, but they have been arrested and locked up in prison." Lei Weidong After being silent for a while, he said,
"We must abide by the law. We are the police and cannot take the lead in destruction, otherwise the impact will be bad. Compared with the giants who actually make the rules, we are still too weak.
"Actually, Ma Zhihua won't survive long without us taking action. In Lianguang's scheme, he caused the South American drug lord to lose 60 million US dollars, and he still hasn't paid back. The South American drug lord has already let loose and wants to settle the score with Ma Zhihua. "Jian Huizhen whispered.
"Is there any news about this on the dark web?"
"Yeah!" Jian Huizhen nodded,
"Just the day before yesterday, a reward appeared on the Internet, asking for two million Hong Kong dollars for Ma Zhihua's head. The prison also received the news and strengthened the supervision of Ma Zhihua. As for whether this is possible, it is hard to say. In the past, Ma Zhihua was the eldest brother. They are all bodyguards. It would be difficult to kill him, let alone two million or five million. But now he is a prisoner. He is like a beacon in the dark, attracting countless people, not to mention the killers outside, even in the prison. All the prisoners' eyes lit up when they looked at Ma Zhihua. If the prison hadn't kept Ma Zhihua in solitary custody now, he would probably have died."
"Have the prison authorities asked us for help? It would be difficult for them to save Ma Zhihua's life given their ability." Lei Weidong asked.
"Not yet, I guess we want to resolve it internally." Jian Huizhen shook her head.
"Although we are all policemen, the prison and us are two different systems. They are still firmly controlled by Mr. Gui. If it were in the past, when the police force was controlled by Mr. Gui, people from above would have been sent to support them. Now, for the sake of face, they Ma Zhihua will not ask us for help just because of a small thing. At the worst, just arrange an accident for Ma Zhihua and let him die. Not only will it solve the trouble, but it will also make a fortune. Two million Hong Kong dollars is not a small amount of money. Many people will spend their entire lives. You can’t make any money.”
