Heirs (继承人)

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Medalist Lawyer Heirs

Episode 5

Don't say anymore. I already told you it wasn't me. It was my husband who did it.

Let's not talk about whether or not you tried to stop him.

As a biological daughter, could you not come out of your house,

and hold an umbrella for an old person caught in the wind and rain?

I gave Fang Li a call, and she took away my father. I did my best

Did your best?

Taking care of one's parents is the responsibility of each and every child,

but you didn't. You kicked your father out of the house and pushed him to your elder sister.

You abandoned your father.

During the last year and a half of your father's lifetime,

you didn't stay by your father's side.

When he most needed your help, where were you, his biological daughter?

When his health deteriorated, and needed the support of family,

as the inheritor of most of his assets, where were you?

Did you already forget? This old man whom you cast aside,

when you couldn't even walk, he served you so many times.

This old man, when he hasn't even eaten yet,

each day, three meals, he would feed you.

How can you be so cold-hearted to such a loving father?

Your Honor,

I would like to point out something. Just now, when the plaintiff's lawyer was slandering the litigant, he used

the word "abandonment", it was very improper.

If I haven't guessed wrong, Lawyer Zheng Hao,

you are trying to use clause seven of the inheritance law as the legal ground

to prove that my client has abandoned her father.

Thus, her rights of inheritance should be stripped?

That's right. I'm using clause seven of the inheritance law.

I want to strip the non-filial daughter of her inheritance rights.

My extreme regrets. This clause was not included in your lawsuit.

I can immediately modify it.

Fine. Let's pretend that you have already revised your lawsuit.

I can't think of any reasons that this could be used as evidence for abandonment.

If you want to prove that there is abandonment, you need to have evidence.

Mr. Fang Tong Yu has already lost his ability to move.

He has also lost his source of income.

This point is incorrect.

Okay, let's say that after Fang Tong Yu's stroke,

he has already lost the ability to move. But don't forget that

Mr Fang has some retirement money for every month.

Right, right. My father's income cannot be used all by himself,

so... that's why she would be willing to bring my father over to her place,

and at the same time, take advantage of him.

Anyway, there is a truth that you cannot dispute...

on that windy and rainy day you kicked your father out of the house,

and for one year until he passed, you didn't take care of him.

You also didn't go with him once to the hospital.

You didn't eat one meal with him, and, of course, didn't even talk with him one time.

Fine. Lets say everything you said is true...

my lawyer has already said that this doesn't prove that I'm not filial.

It can't be proved that I abandoned my father.

Are you saying that your behavior, in the eyes of the law, didn't prove that you have abandoned him?

But your actions already violated a daughter's responsibilities,

and also violated all the promises you made to your father.

I didn't promise him anything.

Fang Yan, this is a court,

Can you say one more time that you never made any promise to your father?

I never did. No promises.

Your Honor. The litigant has made her statement.

I would like to request that Mr Fang be our witness and to testify.

Your Honor. Because Mr Fang is old and his hearing is not that good,

I would like to request that I can stand close to him while I ask questions.

Agreed

Hello,

Almost two years ago, that is August 8, 2012

Did you serve Mr. Fang Tong Yu and his daughter, Ms. Fang Yan?

Yes

At that time, they came to the notary's office to look for me

to notarize a will.

Then would you summarize the main points of the will?

The two of them came to the notary office.

Fang Tong Yu said he had done a will 1 1/2 years ago.

This time, he wanted a new will.

He said that his daughter wasn't treating him well,

and to protect himself so that he could to live in comfort for the rest of his life,

he wanted to add in the new will that his daughter follow three conditions,

before she could inherit his assets.

What were the three conditions?

#1, Daughter, Fang Yan, must live with her father, Fang Tong Yu

every day, and accompany him for dinner every day.

#2, daughter Fang Yan must occasionally talk with her father.

#3, daughter Fang Yan must accompany her father every week for checkup at the hospital,

to check his blood pressure. Because Fang Tong Yu has high blood pressure.

Thank you

Defendant, were there these three conditions?

Yes. It seems like there was.

Then, did you do any of them?

My father was taken by Fang Li.

Even if I wanted to, I couldn't do it

Fang Yan, why didn't you tell us that there was a new will?

If you hide these, how can we help you win the case?

I was afraid that this would affect the case.

If you hide unfavorable evidence, does that mean it doesn't exist?

Then what should we do now?

The plaintiff will start attacking that you didn't fulfill any of these three conditions.

You will lose your rights to the inheritance.

Then does that mean I don't inherit anything?

They have the upper hand for the moment.

In order to win over us, they still have a difficult hurdle to go through.

What is that?

Your Honor. Based on our country's inheritance law,

to strip a person of the inheritance rights,

is a huge thing.

It is true that my client Fang Yan has these weak points.

But if she violated

the conditions in the will, and we did not let her inherit her father's property,

I believe that the second piece of evidence that the plaintiff just mentioned

is lacking in strong evidence.

You are saying that Fang Yan did not violate

the second will's three conditions?

But the defendant just admitted that she did not do so.

The will's conditions can be looked at from two directions, Lawyer Zheng Hao.

From one point of view, it is Fang Yan's father

From another point of view, it's Fang Yan. Even if she

didn't meet the conditions of the will

it doesn't mean that the court would disqualify her from inheriting her father's assets -why?

Because none of us can say clearly if on that night

Fang Yan and her husband kicked Fang Tong Yu out of the house,

or if it was Fang Tong Yu who angrily left the house himself due to family disputes.

But there is one point, one point that we both agree on,

and that is on that day, it was Mr. Fang Tong Yu who

told Fang Yan to call Fang Li

to have Fang Li take him to her house to live.

So, we can reasonably say

Fang Tong Yu wanted to change his environment

and wanted to move to live with his elder daughter.

Your Honor,

in this situation, my client Fang Yan

had no chance to accomplish the tasks listed in the will.

And Fang Tong Yu didn't blame Fang Yan for violating it.

So we believe that ever since Fang Tong Yu moved to his eldest daugter's house

he exempted my client Fan Yan

from the tasked statements in the will.

Your Honor,

the plaintiff's counsel is just insisting something is just and reasonable when it is not.

Fang Tong Yu, to his unfilial daughter

was already very disappointed in her. Why would he exempt her?

Lawyer Zheng Hao. In law, you need evidence.

Do you have any evidence to prove

that Mr. Fang wanted to pursue his daughter's fulfillment of the contract?

They need to prove that your father

himself also admitted that you violated the three statements in the will.

But my father already passed away.

There is no evidence.

Lawyer Dai, I understand what you're saying.

I tell you, he forced me to call Fang Li to pick him up.

We only have this road to go,

but whether or not it works, I don't know.

Your Honor.

I have evidence that Mr. Fang Tong Yu

did not exempt his daughter from this responsibility.

Your Honor, I object to the plaintiff's new evidence.

It's Mr Fang's testimony.

Fang Tong Yu has already been deceased for half a year.

A dead person cannot testify in court.

This is the second piece of evidence.

This is Mr. Fang Tong Yu's last will.

In the will's first line it says,

"SInce my youngest daughter and her husband are unfilial

after my second stroke, they disowned me.

They said I was smelly,

and conspired about how to kick me out.

Your Honor. I object to the plaintiff lawyer's usage of the second evidence.

Because on the first day at the court on this law suit, we already proved

that this evidence can't be used in court.

Because in law, this part of the will

is not as valid as the one Feng Yan has.

Plaintiff, what are your views?

That's right

Evidence #2, if taken as a will,

is not as strong as one that's been notarized.

The court doesn't need to accept this, however you can't deny

that this is real testimony.

It shows Mr. Feng Tong Yu's heart felt mournful declaration before he past away.

This proves that his only biological daughter Fang Yan

in the last leg of her father's life

chose to betray her father

and at the same time

it can also prove that you, Ms Fang Yan,

violated the second condition of the new will.

You promised your father

to fulfill all of your obligations to him as a child.

That is the biggest breach of contract.

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Ms Fang Yan,

It was your father who gave you life.

And under his care, you learned how to walk.

In your father's care, you finished your education.

Every time you were sick,

your father carried you to the hospital,

but when he becomes old

he becomes weak

you complained that he became a burden.

The most cruel is

that you hoped he would die sooner

so you could inherit his assets earlier.

Did you ever think about