Jilin, Siping. The man was unmarried and childless all his life, and his younger brother took him to live with him. Many years later, the man passed away, and the younger brother sorted out the relics and found that the elder brother had saved 50,000 yuan, but when he wanted to withdraw the money, the bank said: You are not the legal heir, and you have no right to withdraw the money!
1. Details of the case
"Brother, you are my own brother, you protected me when I was a child, and now you can't move, my brother takes care of you!" Uncle Xu's elder brother Uncle Xu burst into tears and trembled and followed his younger brother to his house.
(Case source: Yitong Manchu Autonomous County People's Court, Jilin Provincial High People's Court)
Uncle Xu's life is not easy, he has four brothers and sisters, the family was poor when he was a child, as the boss, Uncle Xu often takes out the appearance of being an elder brother, there is work at home to do, and there are delicious food for his younger brothers and sisters.
In this way, when Uncle Xu was a little older, he did odd jobs everywhere to make money, hoping to improve the environment at home and let his younger brothers and sisters eat a delicious meal. The four brothers and sisters who grew up in such an environment have a very good relationship.
However, because his family was poor, Uncle Xu was busy making money and delayed his age, and in the end he became an old bachelor, never married in his life, and had no children of his own.
Later, the younger brothers and sisters formed their own families, and Uncle Xu lived with his parents to take care of their daily life.
In this way, Uncle Xu is getting old year by year, and as he grows older, his body is not as good as a year, with a serious illness, Uncle Xu, who is in his sixties, suddenly aged a lot, and the whole person's spirit is much worse than before.
I heard that my brother was sick, and my younger brother Uncle Xu came to visit my brother, only to see Uncle Xu lying on the bed, the whole person was like an old man in his last years, and the whole person was full of twilight.
Uncle Xu's eyes suddenly turned red, the bed where his brother was lying has been for decades, they slept on this bed when they were young, and now that his brother is old, this bed is also old, and when it shakes slightly, it makes a squeaky sound.
Uncle Xu sat down and chatted with Uncle Xu, and when he saw his younger brother coming, Uncle Xu sat up, and the whole person looked a lot more energetic.
The two brothers talked for a while, and Uncle Xu made up his mind in his heart, he wanted to take his brother to his home and live with him, and his brother couldn't move, so he would support his brother for the elderly!
In this way, Uncle Xu had tears in his eyes, but the smile on the corner of his mouth couldn't be hidden, he cleaned up and followed his younger brother to his brother's house.
In this way, under the care of his younger brother's family, Uncle Xu gradually got better, and lived happily for many years.
In 2021, Uncle Xu was old after all, and finally passed away due to illness. During this period, Uncle Xu sent his brother for treatment, took care of his daily life, and bore all the expenses. After Uncle Xu passed away, Uncle Xu also paid for his funeral.
After his brother left, Uncle Xu was very sad, and after relieving, he began to sort out his brother's belongings, and found that he had left a passbook with a deposit of 50,000 yuan.
Uncle Xu didn't hear his brother say that he had a deposit, let alone the password of the passbook, so Uncle Xu went to the village committee to open a certificate of heir relationship, and then took the passbook to withdraw the money.
As a result, the deposit bank said that Uncle Xu was not the first heir of Uncle Xu, and Uncle Xu did not leave a will, so Uncle Xu could not withdraw money.
Uncle Xu couldn't get the money, so he had no choice but to sue his younger brothers and sisters, demanding to inherit the eldest brother's estate as the second in line of succession.
2. Legal analysis
1. Order of inheritance
In this case, Mr. Xu had no spouse or children, and his parents had passed away, so according to the law, his estate should be inherited by the second order of heirs, i.e., his brothers and sisters.
If Uncle Xu's brothers and sisters are still alive, they share the right of inheritance. However, if the other siblings die before Mr. Xu, their children, i.e. Mr. Chui's nephews and nieces, can inherit the estate by way of subrogation.
2. The validity and importance of the will
Uncle Xu went to withdraw the money, and the deposit bank said that Uncle Xu did not make a will to list Uncle Xu as the heir of the estate, so he could not withdraw the money.
In this case, if Mr. Xu made a will and appointed an heir during his lifetime, then the will will take precedence over the legal order of succession.
However, Uncle Xu did not leave a will and did not distribute the estate during his lifetime, so his estate should be distributed in accordance with the legal order of succession.
3. The role and limitations of the certificate of heir relationship
When Uncle Xu handled the inheritance, he issued a certificate of heir relationship from the village committee. This certificate has a certain role in the inheritance process, which can prove that Uncle Xu, as the brother of Uncle Xu, is qualified to inherit.
However, proof of heirship alone is not enough to obtain the inheritance directly, and the legal order of succession and the validity of the will must be followed. This is also the reason why the deposit bank does not allow Uncle Xu to withdraw money.
During the trial, Uncle Xu proposed that he had taken his eldest brother to his home many years ago to take care of and live together, and that he also took care of his eldest brother during his illness, and that he also paid for the medical expenses by himself, and that after the eldest brother left, his funeral affairs were also undertaken by himself.
The villagers in the village can testify to this matter, and they also have a certificate issued by the village committee, so the eldest brother's inheritance should be inherited by himself.
After the court visited and learned about the case, Uncle Xu's younger brother and sister also said that the eldest brother was indeed taken care of by the second brother, and they agreed that the second brother would inherit the eldest brother's estate.
Some people say that Uncle Xu's four brothers and sisters are all loving people, and he has no choice but to sue. Some people say that banks only need to manage their money well, and other people's own affairs should be negotiated by themselves, and depositors should immediately lend money when they come to withdraw money.
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