3 years ago, Lao Ma, an 88-year-old man living alone in Shanghai, gave 3 million yuan in real estate to a fruit stall owner, which caused heated discussion. Xiaoyou, a fruit stall owner, brought Lao Ma's relatives to court, demanding that Lao Ma's property involved in the case and bank deposit balance be awarded to Xiaoyou. Recently, the Shanghai Baoshan District People's Court made a first-instance judgment in support of Xiaoyou's lawsuit.
Lao Ma had an only son. His wife passed away in 2011. The only son did not leave any children. He also passed away in February 2017. There are many older sisters among Lao Ma's relatives, two of whom have passed away and left behind children. According to the facts found by the court, in August 2017, half a year after the death of Lao Ma’s only son, Lao Ma, who was over eighty years old, and Xiaoyou, a fruit stall owner, signed a “Legitimate Support Agreement”, agreeing to bequeath all of Lao Ma’s personal property For Xiaoyou, personal property includes real estate, deposits and other properties; Xiaoyou is responsible for Lao Ma’s food, clothing, housing, transportation, medical care, pension and other support obligations.
In March 2019, the Putuo Notary Office notarized the "Bequest and Support Agreement" and issued a "Notarial Certificate". The content of the "Notarial Certificate" shows: When the "Legitimate Support Agreement" was entered into, both parties had the capacity for civil rights and civil conduct as stipulated by law, and their intentions were true.
After the "Bequest and Support Agreement" was signed, Xiaoyou and his wife lived with Lao Ma until Lao Ma's death in 2021.
Relatives of defendant Lao Ma disagreed with Xiaoyou’s appeal. They believed that the old man made many expressions in the audio and video that were logically confusing and inconsistent with the facts. Xiaoyou signed a "Bequest and Support Agreement" with Lao Ma knowing that he had mental problems and limited behavioral abilities, and tried to occupy the disputed house. There was obvious malice and the agreement should be invalid.
The court held that although Lao Ma was declared to be a person without civil capacity in May 2021, there was no evidence to prove that he was already under limited capacity for civil conduct or had no capacity for civil conduct during the period when he signed the legacy support agreement. Therefore, the agreement was true between the parties. An expression of intention is legally binding in accordance with the law. The defendant's evidence of medical treatment and hospitalization cannot lead to the conclusion that Lao Ma's behavioral capacity was limited when he signed the bequest and support agreement, and there is no evidence to prove that the bequest and support agreement was not Lao Ma's true intention. The court held that the will of the deceased and his right to dispose of property should be respected, and the validity of the legacy and support agreement involved in the case was recognized.
The court accordingly ruled that Lao Ma’s property involved in the case and bank balance should be owned by Xiaoyou. The funeral allowance and pension belong to the defendant.
[Source: Shanghai Rule of Law News]
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