What Should I Do With Inheritance Money?
On November 8, 1986, the Xinmin Evening News in Shanghai first published an eye-catching news, "Zhou Wei Requires Huang Zongying to Return Zhou Xuan's Legacy." The news read: Zhou Wei, the second son of "Golden Throat" Zhou Xuan working in Beijing, filed a civil lawsuit with the Shanghai Intermediate People's Court in the middle of last month, demanding that Huang Zongying return the custody of his mother, Zhou Xuan. Zhou Wei believes that his mother left a legacy after his illness in 1957. At that time, the brothers were both young and kept by his mother's living friend, the famous film actor Huang Zongying, but he did not mention in the lawsuit how much and what the legacy was. Prior to this, Zhou Wei had reported the matter to the Municipal Film Bureau and other units. After accepting the case, the civil trial division of the Municipal Intermediate People's Court, which is assigned the task of first instance, is conducting a judicial investigation. A copy of the complaint has been sent to Huang Zongying.
Zhou Xuan Heritage Case
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- On November 8, 1986, Shanghai,
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- At 2 pm on September 5, 1989, the Shanghai Intermediate People's Court made the following judgment:
- 1. The defendant, Huang Zongying, returned to the defendant Zhou Wei for RMB 53,920 yuan, which was 1.66 cents.
- 2. The defendant, Huang Zongying, compensated the plaintiff, Zhou Wei, for an interest loss of RMB 31,459 yuan.
- 3. The above two items totaling RMB 85,379 yuan and six-six points will be paid when this judgment comes into effect. From May 1989 to the time when this judgment was implemented, the principal loss was 53.920 yuan, and the principal was calculated based on the interest of the same type of deposit on the original Zhou Xuan account of Bank of China Shanghai Branch, and was compensated by Huang Zongying to Zhou. Great.
- The acceptance fee of RMB 732 for this case, 28%, was borne by Huang Zongying.
- If you do not accept this judgment, you should submit an appeal and copy to this court within 15 days from the day after you receive this judgment, and appeal to Shanghai Higher People's Court.
- After the court sentenced, the reporters visited the presiding judge of the case, Wang Benjun.
- The reporter asked: Huang Zongying and babysitter Hong Xuezhen performed their duties in raising Zhou Xuan's orphans. Why didn't they get any legacy?
- The presiding judge's reply was: First of all, it was commendable that Huang Zongying did his hard work in raising Zhou Xuan's orphan, but love is love, law is law, and the two cannot be confused. We have deducted all the expenses (including interest) paid by Huang Zongying from raising Zhou Wei. According to Article 14 of the "Inheritance Law", those who have more support for the heir than the heir can share the inheritance of the heir. Huang Zongying does not have this relationship with Zhou Xuan, so there is no legal basis for Zhou Xuan's inheritance. Nanny Hong Xuezhen and Huang Zongying have labor relations, and there is no legal basis to share Zhou Xuan's legacy.
- When the Shanghai Intermediate People's Court pronounced its sentence, Huang Zongying did not appear in court. She was hospitalized in Guangzhou due to illness.
- At 9:00 am on August 30, 1990, the Shanghai High People's Court formed a collegiate panel in accordance with the law to openly hear Zhou Xuan's heritage dispute case.
- The court held that: the court of first instance confirmed that Zhou Wei was the son of Zhou Xuan, and was supported by facts and legal and valid certification documents; the court of first instance confirmed that Huang Zongying's behavior violated Zhou Wei's property ownership, and that he should bear the civil liability arising from it is correct of. Huang Zongying's request to deduct the living expenses advanced to support Zhou Min before Zhou Xuan's life is supported by creditor's rights and should be repaid in Zhou Xuan's legacy. Regarding Huang Zongying and Hong Xuezhen on the grounds of fulfilling their obligations to Zhou Xuan, they demanded that Zhou Xuan's heritage be shared without legal basis and will not be supported. The court's decision was as follows:
- I. Change the main texts of the Shanghai Judicial Intermediate People's Court [1986] No. 37 Civil Judgment No. 1, 2, and 3.
- 2. Allow Huang Zongying to deduct Zhou Min's six-year living expenses of RMB 14,083 and ninety-nine cents from the custody of the property.
- 3. Huang Zongying returned Zhou Wei's money of 45,739 yuan, 85 cents, and compensation for Zhou Wei's interest loss of 26,866 yuan, 45 cents, both of which totaled 70,000 yuan. The RMB 2,426 yuan triangle will be paid within 30 days of the judgment.
- 4. Other appeals by Huang Zongying and Zhou Min will not be supported. The acceptance fee for the second instance is RMB 732 yuan and 28 minutes. Huang Zongying and Zhou Min jointly bear 632 yuan and 28 minutes, and Zhou Wei bears 100 yuan.
- After the Shanghai High People's Court filed the case in September 1989, it took nearly a year to conduct a careful and careful investigation of the appellant's requirements and some controversial facts. He opened a court hearing for the Zhou Xuan heritage dispute case and made Final judgment. This four-year-long case, which has attracted much attention at home and abroad, has brought results.