GĐXH - Touched by the help of the maid during his illness, the old man decided to give her the house he was living in, but his children decided to reclaim the family's property from the maid.
Old man leaves 10 billion VND house to maid
Illustration
Mr. Liu (Nanning, China) worked hard until he was 60 years old to own 3 houses. Of these, 2 houses were transferred to his 2 sons since they got married.
Since his retirement, he and his wife have lived together in the remaining house and enjoyed their old age. Unfortunately, 2 years later, his wife was diagnosed with cancer. Although the family tried every possible treatment, her condition did not improve. Until 2020, the old lady passed away.
After losing his life partner, Mr. Liu considered moving into the home of one of his two sons. But after some consideration, he realized that his presence could disrupt the children's lives. He decided to hire a nanny to help with the work.
This middle-aged woman's name is Tieu Vu. She has a lot of experience in taking care of the elderly, so she quickly met the homeowner's requirements. Mr. Luu himself was also satisfied with her work.
Shortly after his wife passed away, the old man suffered a stroke. Luckily, Tieu Vu discovered him in time and took him to the hospital. Mr. Luu was able to save his life. However, after that incident, he was partially paralyzed. He had to rely on others to help him with all his daily activities.
Before being discharged from the hospital, the old man's two sons discussed taking their father home to take care of him. However, everyone shirked their responsibilities. In the end, Mr. Liu returned to his old house. During that time, his two sons rarely visited their father. However, fortunately, with the attentive care of the nanny, the old man's health gradually improved. He could walk around the house with crutches.
Touched by Xiao Wu's help during her illness, Mr. Liu decided to give her the house he was living in. At his healthiest and most alert, he made a will and notarized it to avoid any future disputes.
Two years after the will was made, in 2022, the old man passed away. Initially, the house was inherited according to the will and there was no dispute. However, when the old man's two sons discovered that their father's old house was on the list of 3 million NDT (about 10 billion VND) in compensation to make way for road construction, conflicts began to arise.
His children believe that Tieu Vu has no right to inherit this house. They demand that she return the property to her family members.
At this time, Tieu Vu - the person named in the will - was extremely surprised to hear this unreasonable request. She absolutely did not agree. After a period of unsuccessful negotiation, Mr. Luu's children decided to take the case to court.
Unexpected verdict from the court
The maid has no right to inherit the house.
After accepting the case, the court made a very surprising decision. That was, Tieu Vu had no right to inherit the house.
The court explained that Mr. Liu’s will was completely legally valid. Mr. Liu left a notarized will and specifically recorded the housekeeper’s inheritance. So everyone must comply with that content.
However, Article 1124 of the Civil Law (China) stipulates the time limit for receiving assets from a will. Accordingly, the law clearly states that the heir, after receiving the will, must have a written agreement or refusal to receive the assets given by the deceased within 60 days. In case there is no document within the prescribed time, it means that the person named in the will refuses to receive the inheritance.
Because she did not know this regulation, Tieu Vu did not write it down. Failure to express agreement or refusal is considered a renunciation of inheritance rights. This means that this woman lost the right to inherit the house given to her by the owner.
In this case, the court ruled that the old man's assets would be divided among the first legal heirs, which were his wife, children, and parents. Then, the second line of heirs would be his siblings, grandparents, and maternal and paternal grandparents. Since the scope of legal inheritance did not include the maid, in this situation, Tieu Vu would not receive any assets.
Source: https://giadinh.suckhoedoisong.vn/vi-sao-nguoi-giup-viec-khong-the-thua-ke-can-nha-tri-gia-10-ty-dong-duoc-cu-ong-di-chuc-lai-du-hop-le-172241118093330945.htm
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