In a case that has sparked widespread discussion on Chinese social media, a Shanghai court ruled that a last will and testament posted on WeChat, a popular social media platform, was legally invalid. This decision emerged from a dispute over inheritance rights, underscoring the legal complexities surrounding digital wills in China.
The case involved a woman, surnamed Zhao, who, facing critical illness, posted her last will in a family chat group on WeChat on July 16, 2021. In her message, Zhao expressed her wish to bequeath all her assets, including her house, car, shareholdings, and bank deposits, to her daughter, surnamed Qian. Additionally, Zhao instructed her daughter to begin settling her debts starting August 19 of that year. Tragically, Zhao passed away shortly after making this digital declaration.
Following her mother’s death, Qian discovered that her grandmother, surnamed Sun, had taken possession of all Zhao’s assets. Sun, who lived with her son outside Shanghai, did not cooperate with Qian in resolving the inheritance, reportedly due to her son’s interest in claiming a share of Zhao’s assets. This impasse led Qian to file a lawsuit against her grandmother.
In its ruling, the Huangpu District People’s Court in Shanghai declared Zhao’s WeChat will to be legally invalid. The court referenced the six legally recognized forms of wills under China’s Civil Code: a notarized will, a handwritten version by the testator or on their behalf, an audio or visual recording, a printed document with a signature, or an oral declaration in front of at least two witnesses. Zhao’s WeChat post did not meet any of these criteria, thus invalidating it as a legal document.
As a result, the court determined that Zhao’s assets should be divided among her family members according to the law, meaning that both her daughter and her grandmother should share the inheritance equally. However, following the court’s mediation, Qian and Sun reached a settlement. Sun agreed to relinquish her claim to the inheritance, allowing Qian to receive all of her mother’s assets. The details of any compensation paid to Sun or whether Qian has settled her mother’s debts remain undisclosed.
This case highlights the evolving nature of digital communications and their legal standing in matters of inheritance and estate planning. It underscores the necessity for clear legal frameworks addressing digital wills and the importance of adhering to established legal formats to ensure the validity of last wills and testaments. As technology continues to permeate everyday life, legal systems worldwide may need to adapt to accommodate the changing ways people communicate their final wishes.
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