After Xiamen Man Transferred to ICU in Critical Condition, Children Transfer 2 Million Yuan in Demolition Compensation - Court Rules

Deep News
Aug 18

While an elderly father lay critically ill in a hospital ward, his children divided up millions of yuan in demolition compensation from his account. This led to a lawsuit between the stepmother and the children. Recently, the Xiang'an Court concluded this inheritance dispute case. Let's examine what happened.

**Father in Critical Condition as Children Transfer Millions in Demolition Funds**

Mr. Chen and Ms. Zheng registered their marriage in 2017. In 2022, Mr. Chen received several million yuan in demolition compensation due to property redevelopment. At the end of June 2024, Mr. Chen suddenly fell critically ill and was hospitalized. Starting in August 2024, his condition deteriorated and he was transferred to the intensive care unit.

After Mr. Chen was transferred to the ICU, his daughter Chen A (pseudonym) transferred over 2 million yuan in demolition compensation from Mr. Chen's mobile banking account to herself and her brothers Chen B and Chen C (both pseudonyms).

During the court hearing, all parties maintained different positions. After review, the court determined that Chen A transferred the deposits from Mr. Chen's bank account using his mobile banking password. However, even if Chen A knew Mr. Chen's mobile banking password, this cannot be equated with Mr. Chen authorizing Chen A to distribute the deposits in question.

Chen A transferred over 2 million yuan from Mr. Chen's bank account during the sensitive period when he was critically ill and receiving treatment in the intensive care unit. She should bear the burden of proof regarding Mr. Chen's authorization for her to dispose of these deposits. However, Chen A, Chen B, and Chen C failed to provide corresponding evidence. Therefore, the court did not accept Chen A's claim that Mr. Chen authorized her to dispose of the deposits in question.

Consequently, Chen A's transfer of the deposits constituted unauthorized agency. The evidence was insufficient to prove that Mr. Chen had ratified this unauthorized agency, so the act had no legal effect on Mr. Chen.

The court determined that after Ms. Zheng and Mr. Chen received the demolition compensation, they spent over 1.8 million yuan to purchase a property. Through notarization, this property was designated as Ms. Zheng's personal property, with the remaining funds divided between them, each receiving over 2 million yuan. This shows that Mr. Chen and Ms. Zheng had actually divided the jointly-owned demolition compensation.

Therefore, from a fairness perspective, the deposits in Mr. Chen's bank account should be treated as his personal property, not as marital property shared between Mr. Chen and Ms. Zheng. Now that Mr. Chen has passed away, the over 2 million yuan in deposits should be treated as inheritance under Mr. Chen's name, to be equally divided among his heirs: Ms. Zheng and Mr. Chen's four children, with each person entitled to over 400,000 yuan.

The court ultimately issued a first-instance judgment confirming Ms. Zheng as the legal heir of the deceased Mr. Chen, and requiring Chen A, Chen B, and Chen C to return to Ms. Zheng the amounts by which their actual distributions exceeded their rightful shares.

**Judge's Commentary: Family Bonds Are Priceless**

The judge stated that family bonds are priceless, and protecting relatives' property is both the baseline for maintaining family harmony and the legal awareness that every citizen should possess. When facing inheritance issues, one should remain rational, follow the law, and protect family relationships.

According to Article 1122 of the Civil Code of the People's Republic of China, inheritance consists of the personal lawful property left by a natural person at death. Inheritance that cannot be inherited according to legal provisions or by its nature shall not be inherited.

Article 1127 states that inheritance follows this order: (1) First order: spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. When inheritance begins, first-order heirs inherit, and second-order heirs do not inherit. When there are no first-order heirs to inherit, second-order heirs inherit.

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