Is ＂the old man gives the property to the fruit stall owner＂ effective？

　　In 2020, Wang, an old man in Baoshan District, Shanghai, gave a property worth more than 3 million yuan to Mr. Liu, a fruit stall owner, which attracted attention. After the death of the old man, his relatives objected to the distribution of the estate. The Beijing Youth Daily reporter was informed that recently, the case has been pronounced in the first instance. After trial, the Shanghai Baoshan District Court ruled that the house involved and the property in the house belonged to Mr. Liu, the fruit stall owner. In the judgment, the court pointed out that the will of the decedent and his right to dispose of property should be respected, and the validity of the legacy support agreement involved should be recognized.

　　plaintiff

　　Do one’s duty as a supporter

　　The plaintiff in this case is the stall owner, Mr. Liu, and the defendant has many people including the elderly and sisters. Mr. Liu’s claim is to order the house involved and the property in the house to be owned by the plaintiff; It was ordered that the balance of the bank deposit in the old man’s name and the fruits belong to the plaintiff Mr. Liu.

　　Mr. Liu said that after the death of his wife and only son, the old man Wang was close to their family because no one took care of him. Based on his trust and love for his daughter Liu Xinyue, Wang signed a Legacy Support Agreement with him on August 19, 2017, stipulating that he should bear the obligation of raising the elderly and burying them in death. Wang left all his property, bank deposits and other property to the plaintiff after his death. In March 2019, Wang signed the Intentional Guardianship Agreement with Mr. Liu and his wife through notarization. Wang appointed Mr. Liu and his wife as the intentional guardians, responsible for representing their daily life and medical assistance, etc. When the elderly suffered from mental and intellectual disabilities, Mr. Liu and his wife, as guardians of the decedent, performed their guardianship duties.

　　Mr. Liu said that since 2017, their family has lived with the elderly, accompanied and raised the elderly for a long time, and was responsible for all their clothing, food, housing, transportation, medical care and old-age care. When the old man was ill and hospitalized, he took good care of him. After his death, he took care of the affairs and did his duty as a supporter.

　　defendant

　　The plaintiff has obvious malice.

　　Wang’ s sister said that before 2017, Wang had mental disorders and his behavioral ability should be limited; When he was hospitalized in July 2017, Wang was diagnosed with cerebral infarction and Alzheimer’s disease. Later, because Mr. Liu took the old man away, he could not be further diagnosed. When Wang signed the Legacy Support Agreement, he did not have full capacity for civil conduct, and the signing of the agreement was invalid; She also believes that the notarization of the notary office is illegal and illegal, and it is still notarized when Wang does not have full capacity for civil conduct. The state of living together between Mr. Liu and Wang does not mean that Mr. Liu will take good care of Wang. Wang’s estate should be distributed according to legal inheritance.

　　Wang’s two sisters did not agree with the original request. They believe that the plaintiff signed the "Legacy Support Agreement" with the elderly knowing that they had mental problems and limited capacity, and tried to occupy the disputed house, which was obviously malicious and the agreement should be invalid. When Wang signed the agreement and notarized it, he was old and unclear, which was not his true meaning.

　　The children of the elderly and sisters all expressed their written opinions and disagreed with the original request. No matter when signing the Legacy Support Agreement in 2017 or notarizing the Legacy Support Agreement in 2019, Wang did not have full capacity for civil conduct, so the Legacy Support Agreement should be invalid, and Mr. Liu has no right to inherit Wang’s legacy. For inheritance, it should be handled according to legal inheritance.

　　focus

　　Do the elderly have full capacity for civil conduct?

　　The reporter of Beiqing Daily noticed that whether the elderly have full capacity for civil conduct is a focus of dispute between the two sides.

　　The verdict shows that in April 2021, the Institute of Forensic Science issued the Judicial Appraisal Opinion, and the appraisal opinion was that Wang suffered from organic mental disorder and should be assessed as having no capacity for civil conduct at present. On May 8, 2021, Wang was declared as a person without civil capacity by the court.

　　In addition, the court also entrusted the Judicial Appraisal Institute of Shanghai Mental Health Center, the Institute of Judicial Appraisal Science, the Judicial Appraisal Center of Shanghai Medical College of Fudan University and the Shanghai Fenglin Judicial Appraisal Center to appraise Wang’s capacity for civil conduct in March 2019, all of which were rejected because they were beyond the capacity of the appraisal institution or the required materials were insufficient.

　　Mr. Liu provided the court with a self-written material of Wang in March 2017. In the material, Wang said that although his legs and feet are not neat, his brain is very clear. However, regarding the materials, the defendant said that he could not be sure whether it was Wang’s true meaning, and it might be that Mr. Liu asked Wang to copy the contents.

　　The investigation record of the notary who notarized the Legacy Support Agreement shows that when notarizing, the notary examines the state of the old man at the time of notarization and whether the old man’s ability to express his will is sufficient and true. The old man’s cerebral infarction was in 2017, and the agreement was signed in 2017. He contacted the old man in 2019, and the old man recovered well and his speech ideas were clear. Why do you want to notarize, why do you do this, why do you want to give Mr. Liu and his wife support and guardianship, who to entrust to, and not to give property to your relatives? … … There is no problem for the parties to ratify the legacy support agreement signed in August 2017 in March 2019, which is also very common in notarization business.

　　court

　　The house and its contents belong to Mr. Liu.

　　The court held that the contents of the legacy and maintenance agreement involved in this case were legal, and the legacy and maintenance agreement was notarized in the notary office, and its external formal requirements were in compliance with the law.

　　Although Wang was declared as a person with no capacity for civil conduct on May 8, 2021, there is no evidence to prove that Wang was already in a state of limited capacity for civil conduct or no capacity for civil conduct during the signing of the bequest and maintenance agreement, so the agreement is the true intention of both parties and legally binding. The evidence provided by the defendant, such as the diagnosis of medical treatment and hospitalization, could not reach the conclusion that Wang had limited capacity when signing the bequest and maintenance agreement, and there was no evidence to prove that the bequest and maintenance agreement was not Wang’s true intention.

　　The court held that the will of the decedent and his right to dispose of property should be respected, and the validity of the legacy support agreement involved should be recognized. In the end, the court ruled that Wang’s house and the property in the house belonged to the plaintiff Mr. Liu; The balance of funds in Wang’s bank account and the fruits belong to the plaintiff Liu.

　　progress

　　The fruit stall owner has switched to be a courier.

　　The reporter of Beiqing Daily noticed that in this case, the agent ad litem of the fruit stall owner was Gao Mingyue’s team of lawyers from Beijing Guantao Zhongmao (Shanghai) Law Firm.

　　Regarding the verdict of the case, Gao Mingyue said that the old man made legal arrangements for his intentional guardianship and bequest, defended his freedom and dignity, and realized the intentional inheritance of his wealth. In addition, the old man met a professional notary. In this case, all notarized documents have withstood severe doubts and challenges.

　　Gao Mingyue said that one or two years ago, Mr. Liu stopped setting up fruit stalls and turned to be a courier. "He got the real estate, which is in line with the law and justice."

　　Text/Reporter Li Tiezhu Coordinator/Jiang Wei