Case Recap
Mr. Ou from Longxu District, Wuzhou, was legally married to the defendant Ms. Chen. The couple separated in 1996 and had lived apart ever since until Mr. Ou’s death, without completing divorce formalities.
Starting from 1996, Ms. Lei cohabited with Mr. Ou in the name of husband and wife in an illicit cohabitation relationship, taking full care of Mr. Ou’s daily life.
In 2006, when Mr. Ou was allocated a public housing unit by his employer, he refused to register the property under Ms. Chen’s name. He claimed the employer required the spouse to sign a waiver of property ownership for property registration procedures, and induced Ms. Chen to sign a Waiver Statement of Property Rights.
In 2012, the majority of the house purchase funds and decoration expenses were borne solely by Mr. Ou.
To prevent future disputes, Mr. Ou made a holograph will on November 6, 2013, explicitly specifying the ownership of the house in writing.
On April 5 of the same year, Mr. Ou passed away due to hypertension. After his death, Ms. Lei joined Ms. Chen in handling funeral affairs, then negotiated with Ms. Chen and her daughter over the house ownership, but received no definite response.
Thereafter, Ms. Lei filed a lawsuit, requesting the court to confirm the validity of Mr. Ou’s will, and order Ms. Chen and other relevant parties to assist in transferring the house specified in the will to her name within three months after the judgment takes effect.
(Case source: Guangxi News Network)
Court Adjudication Opinion
The court held that although the testamentary disposition made by the decedent Mr. Ou reflected his true intention, its content and purpose violated legal provisions and public order and good morals, impaired social morality and disrupted public order, and therefore constituted an invalid civil juristic act. The claims filed by Ms. Lei lacked factual and legal basis and were dismissed by the court.
Legal Professional Analysis
In accordance with the Inheritance Law, Mr. Ou’s act of bequeathing the house to his mistress by will constitutes a legacy disposition. One of the essential validity requirements for a legacy is that it shall not violate mandatory legal provisions or public interests. Any civil juristic act contrary to public order and good morals is null and void.
In this case, Ms. Lei was the third party who destroyed the legal marital relationship between Mr. Ou and Ms. Chen. Courts will not uphold or condone conduct that undermines a lawful marriage. Judicial rulings have social guiding significance, and the adjudication criteria conform to mainstream public morality.
Accordingly, the court ruled that the decedent’s act of bequeathing the real estate to his mistress via will was an invalid civil juristic act.