The will written to my lover is true.

The will written to my lover is true. In our life, everyone has a certain understanding of will. Of course, it also has certain legal effect on the will, which is worth knowing. The following will for my lover is true.

A case of a true will to a lover 1.

Qin and Song (female) are husband and wife. On 20 10, Qin met Jin (female) and lived a life away from home. 20 17, Qin is suffering from cancer. He still lives in Kim's house most of the time, and Kim takes care of him. 2065438+March 2009, when Qin died, he wrote a will and asked someone to notarize it, leaving all his personal property to Kim. After Qin's death, Song inherited Qin's inheritance according to law, and Jin took Song to court according to Qin's will and asked him to inherit Qin's personal property according to his will.

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The court held that the will was true, but Kim still lived with Qin in the name of husband and wife while knowing that he had a spouse. Qin bequeathed his property to Jin, who had a cohabitation relationship with Song, which violated public order and good customs and should be invalid. Therefore, the court rejected Kim's claim.

Comment and analysis

The presiding judge believes that according to the provisions of the inheritance law, citizens have the right to bequeath their inheritance to people who have no inheritance rights. Moreover, the above provisions do not clearly stipulate the content of prohibiting cohabitants outside marriage from accepting bequests. Many jurists believe that the original intention of legislators is to respect the wishes of the parties to the greatest extent, but inheritance law must be coordinated with the whole legal system. First of all, inheritance is a civil act and must be governed by the basic principles of civil law, and the principle of public order and good customs is one of the important principles of civil law.

Secondly, inheritance law and marriage law should be coordinated. If the inheritance law does not prohibit the inheritance to bigamy, it will violate the spirit of the marriage law to protect legal marriage. From the perspective of the whole legal system, it is inappropriate to interpret the provisions of the inheritance law as "the state does not prohibit the bequest of personal property to those who destroy legal marriage"

As a civil act, bequest should conform to the general provisions of the General Principles of Civil Law on civil legal acts, such as the principle of "public order and good customs". Violating the basic social moral concepts that have risen from moral requirements to specific laws is bound to violate public order and good customs. In this case, Kim claimed that the legator bequeathed because he was grateful for his care, but she could not deny that his care for the legator was based on the illegal bigamy relationship between the two parties, so this fact was not enough to change the essence that the bequeathed behavior violated public order and good customs.

The will written to my lover is true. The husband made a will and gave his property to his lover. Documentary: If you take your wife to court, what will the court say?

In China, inheritance of property has always been one of the most acute contradictions among families. Many families have turned against their relatives because of property disputes, making their families not like home, and there is no affection between relatives and husbands, and even going to court.

Many people will think that the problem of inheritance is actually very easy to solve. After all, there are laws to follow, and the court will definitely decide according to law. But not everyone knows the law. Many people lack legal knowledge and think they have the right to inherit. As a result, many jokes are often made, which may be reasonable, but the law may not support you.

In Luzhou, Sichuan, there was an inheritance dispute. The difference in this case is that the parties to the dispute are the wife and lover of the deceased.

In everyone's cognition, what qualifications do lovers have to compete with their original wives for property? But in this case, the lover's will is true. What is the ending? Let's wait and see.

When her husband died, she accidentally received a court leaflet.

200 1 Jiang, who lives in Luzhou, accidentally received a summons from the court while taking care of his children. Ginger has a blank face. When he saw the contents of the summons, he was angry and funny. It turned out that her husband Huang's lover Zhang sued her. Zhang claimed the right of inheritance to Huang's property before his death.

Is ginger in trouble? When did the husband make the will? I had no idea, and my husband didn't discuss it with me. After receiving the summons, Jiang felt anxious, fearing that his property would not be guaranteed.

Husband and wife are not in harmony, and the husband is looking for a lover.

The reason why Jiang has this kind of worry is because the relationship between husband and wife has long broken down. They have been separated for six or seven years, but they have never divorced.

Their previous marriage life was actually very happy, but unfortunately, Jiang was unable to have children for physical reasons, so there was a rift in his feelings. Although they adopted a child later, their relationship didn't improve.

Children are not their own, and wives can't have children. Huang Ziran was in a bad mood and stopped talking to his wife. At this time, I met a beautiful young Zhang, and they soon became attached. Even Huang abandoned his original wife and lived with her. He usually claims that they are husband and wife in front of relatives and friends.

Jiang put all his energy into the children and felt angry and helpless about their behavior. I have never agreed to divorce because I am unwilling.

This may be a trick of God. After living with Zhang Sheng for six years, Huang was diagnosed with cancer. During this period, Zhang never gave up and always accompanied Huang.

The focus of the debate: is the will valid?

In addition to being moved, Huang was afraid that after he left, Zhang had no life to rely on, so he made a will before his death. According to the original will presented by the court, it said, "All the property I obtained before my death, including provident fund, pension, rental housing, etc., belonged to my friend Zhang", which means that Huang left all the property to Zhang.

So is Huang's will valid? This is the focus of discussion in this case.

Article 5 of China's "Inheritance Law" stipulates that after inheritance begins, it shall be handled in accordance with legal inheritance; If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement.

To sum up, Huang's living will is valid. He was a person with full civil capacity before his death, and there was no coercion. There is also a lawyer as a witness, which is in line with the law and Zhang has the right to inherit.

The case was overturned and the court surprised him.

Just when everyone thought that Zhang could inherit all the property according to the will, the court declared the will invalid, which puzzled many people, and Zhang immediately expressed dissatisfaction. So what is the basis of the court's punishment?

The court held that Huang and Jiang were not divorced and there was no agreement on the family property of both parties. Therefore, all the property during the marriage belongs to the husband and wife, and when the husband dies, the wife enjoys the right to dispose of all the property.

So under what circumstances is Huang's will valid?

When Huang makes a will, he should exclude the property owned by his original wife, Jiang, so that the will has legal effect.

A will that disposes of other people's property without detailed agreement and harms other people's interests is invalid.

It can be seen that the court's penalty is completely legal and reasonable.

Author's point of view:

Zhang stayed with Huang during his illness, which is worthy of appreciation and sympathy. But in the case that the other party was not divorced, he lived together and claimed that they were husband and wife. On the one hand, this is a moral issue, on the other hand, this is a legal issue. In fact, the two have committed bigamy.

Huang and Jiang are not divorced, but still in marriage. During this period, the will must involve the joint property of husband and wife, and one party has no right to dispose of the joint property of both parties. All wills based on infringement of the rights and interests of others are naturally invalid.

In the final analysis, there are still a few people who don't understand legal common sense. Huang and Zhang Mingming committed bigamy, but Jiang didn't report it, and Huang and Zhang just knew the law. If I had divorced, I don't think there would be such a wonderful case.

In short, everyone should learn more legal knowledge at ordinary times, which can play a great role at critical times, not only safeguarding their own rights and interests, but also avoiding personal and property losses without knowing it.

The will written to my lover is true. Is the will written to your lover valid?

Ms. Pei and Mr. Zhao have lived together for 10 years, but they are not registered to get married. Mr. Zhao's wife has been taken care of by Ms. Pei and Mr. Zhao because she is paralyzed in bed. Five years ago, Mr. Zhao was seriously ill, and Ms. Pei took care of Mr. Zhao and his wife alone. Before Mr. Zhao died, he made a will: one of the two houses under his name was inherited by his son and the other by Ms. Pei. After Mr. Zhao died, Ms. Pei lived in this suite left by Mr. Zhao. Now this house is going to be demolished, and Ms. Pei wants to take this opportunity to transfer the house to her own name.

However, there is a problem. Mr. Zhao's wife asked Ms. Pei to give her 200,000 yuan to cooperate with the transfer. Ms. Pei really can't afford so much money. Moreover, she feels that she has the will to get this house, which is recognized by Mr. Zhao's parents, brothers and sisters. Why did she give Mr. Zhao's wife 200 thousand?

For Ms. Pei's doubts, we can look at it this way: first of all, Mr. Zhao should write a legacy agreement, because Ms. Pei is not the legal heir of Mr. Zhao; Secondly, Mr. Zhao's legacy contains the part that he has no right to dispose of, because the property was acquired by Mr. Zhao after marriage and should be the joint property of husband and wife, and Mr. Zhao only has the right to dispose of half of his own property;

Third, in half, the act of giving a lover property should be considered invalid because it violates public order and good customs. In this case alone, Ms. Pei took care of her sick wife with Mr. Zhao. When Mr. Zhao was ill, Ms. Pei never left and took care of Mr. and Mrs. Zhao in obscurity. Her behavior did not violate the public order and good customs, so the legacy made by Mr. Zhao is the expression of its true meaning, which should be partially effective, that is, Ms. Pei can obtain what belongs to Mr. Zhao based on the legacy.

Finally, under the mediation of the court, Ms. Pei and Mr. Zhao's wife negotiated the price of the house, and Ms. Pei obtained the right to the house and paid the house price difference of 1.2 million yuan to the other party.