BEIJING, Nov 19 – In a family dispute over the will of a deceased single mother, the Shanghai Huangpu District People’s Court ruled that a typed will sent in a WeChat group is not legally effective, as disclosed on its official WeChat account.
The case traces back to 2021 when the mother, surnamed Zhao, typed a will in the family WeChat group due to her deteriorating health conditions. In the will, she clarified that all her assets would go to her daughter, known as Xiao Qian.
However, the grandmother, surnamed Sun, who was in possession of Zhao’s assets, objected to the will after Zhao’s passing. Sun refused to handle inheritance matters with Xiao Qian. She argued that the will did not meet legal requirements, demanding an inheritance by operation of law, which would make both Sun and Xiao Qian heirs to Zhao’s property.
Xiao Qian argued that the WeChat message constituted a will, reflecting her mother’s true intentions, and filed a lawsuit against Sun, seeking inheritance in line with the will.
During the trial, the court referenced the Civil Code, stating that a holographic will must be written in the testator’s own handwriting with their autograph and specific dates. In this case, Zhao’s message in the WeChat group, although sent from her account and including her name and specific date, did not comply with any legally recognized forms of a will. Consequently, the court ruled the will invalid.
Throughout the trial, the amicable relationship between Sun and Xiao Qian was revealed. It was Sun’s son who had second thought about the will.
The court seized the opportunity for resolution through mediation. After mediation, Sun decided to forgo her inheritance rights, allowing Xiao Qian to inherit all of Zhao’s assets.
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