The elderly couple's will left the property to their second son, but the eldest son was dissatisfied and took the case to court! The verdict was a reversal: the inheritance of the hundred acres of fertile land was invalid!

NightAirdropper · 2026-03-12T17:30:21+00:00

This article discusses the validity of the handwritten will made by the elderly couple and the inheritance of land contractual management rights. The court recognized the will as legal and valid, but since the responsibility land contracting rights are essentially collective economic organization farmland jointly owned by households and are not inheritable, the relevant inheritance dispositions are invalid. The court upheld the original judgment.

NightAirdropper

2026-03-12 17:30:21

Abstract generation in progress

The elderly couple made a handwritten will before their passing, agreeing that their jointly owned property and contracted farmland would be inherited by their second son. The elderly passed away one after the other, with the eldest son and second son appearing together in court. Is the handwritten will valid? Can land contract management rights be inherited as part of the estate?

Basic Facts

Zhang and Zhou made a handwritten will before their deaths, distributing their property, including their house and farmland, with the agreement that their second son, Zhang2, would inherit everything.

Both Zhang and Zhou died successively in recent years.

Now, their eldest son, Zhang1, and second son, Zhang2, are in dispute. Zhang1 and Zhou believe that the signatures on the will are forged, claiming that the signatures were made when the testator was not of sound mind and that Zhang2, who called the testator to sign, did not express their true intentions. They request the court to declare the will invalid, leading to this case.

The court also found that Zhang2’s household registration was moved to the county seat due to work reasons and that he is not a member of the involved collective economic organization.

Court Proceedings

The court held that the key issue in this case is whether the handwritten will is valid and whether land contract management rights can be inherited as part of the estate.

The court found that the will made by Zhang and Zhou was witnessed and drafted by two unrelated witnesses. Both Zhang and Zhou signed and sealed the will on two pages. The will reflects their true intentions and meets the legal requirements for a valid handwritten will, making it lawful and effective.

Regarding whether land contract management rights can be inherited: “Responsibility land” falls under rural land family contracting. The disposition of “responsibility land” in the will essentially treats the jointly owned property rights as personal inheritance, which violates the nature of land contract management rights as collective property rights of farmers. Additionally, Zhang2 is no longer a member of the household. Therefore, the inheritance of “responsibility land” by Zhang and Zhou in the will is invalid due to violation of mandatory legal provisions.

Based on the case facts, the court legally confirmed that the inheritance of “responsibility land” in the will by Zhang and Zhou is invalid.

After the first-instance judgment, Zhang1 appealed, and the second-instance court upheld the original ruling.

Judge’s Explanation

The land contract management rights in rural areas are essentially property rights obtained by farmers through a contract based on their status as members of the collective economic organization, without compensation. These rights are limited to the farmers within the collective and have a strict personal attribute, meaning they are not inheritable.

When one or several farmers in the contracted household die, the land remains contracted to the household, and other family members continue to farm it. The household as the contracting unit does not involve inheritance or division issues.

If all members of the contracted household die, the land contract terminates.

Legal References

“Property Law of the People’s Republic of China” Article 1135: A handwritten will must be witnessed by at least two witnesses, with one person drafting it, and signatures from the testator, the drafter, and other witnesses, indicating the year, month, and day.

“Rural Land Contract Law of the People’s Republic of China” Article 16: The contracting party of a family contract is a farmer within the collective economic organization. Family members have equal rights to the contracted land according to law.

Summary: Taoxian County People’s Court, Hunan High Court, Shandong High Court

Source: Shandong Provincial Political and Legal Committee

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