The next day, Lin Du and Jiang Shibin met Qian Jue.

She told Qian Jue: "Mr. Qian, your brother's adopted son Qian Ye has already found a lawyer, and we still need to confirm a few points with you." ”

"You say." Qian Jue gentlemanly motioned to the secretary to pour tea for Lin Du and Jiang Shibin.

"On what day did your brother make his will, what was his condition like at that time, was he conscious at the time, did he have the ability to act independently, and did his will have legal effect," Jiang Shibin's series of questions made Qian Jue's face not very good.

Qian Jue made a straight face: "Jiang Lu, you are my lawyer, you should serve me, not question me." ”

Jiang Shibin was about to explain, but Lin Duan opened his mouth to relieve the siege: "Mr. Qian, you misunderstood, Lawyer Jiang didn't mean that." He's simulating for you the questions that opposing counsel might ask in court. ”

"That's right." Qian Jue's face softened.

Lin Du found out from his too volatile emotions that something was wrong, was there anything wrong with this will

"Xia Lu, I have a question, if I don't have this will, according to the law, how much of my brother's inheritance can I inherit" Qian Jue leaned back on the sofa, seemingly relaxed, but the fingers of his hands were nervously folded together.

Lin Du began to popularize the law: "China's inheritance law has made relevant provisions on legal inheritance, Article 10: inheritance is inherited in the following order: first order: spouse, children, parents. Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit. ”

"Is it okay for children to adopt children" Qian Jue sat upright and leaned forward slightly, obviously concerned about this issue.

Jiang Shibin also began to popularize science: "The children mentioned in the inheritance law include legitimate children, illegitimate children, adopted children and stepchildren with a dependent relationship. ”

Lin Du finally concluded: "Since the adopted son and the adoptive parents have formed a fictitious blood relation, the adopted son is the first in line of succession. ”

Qian Jue said incredulously: "First order heir"

"Yes." Lin Du nodded, "In other words, if the will does not take effect, Qian Ye, as an adopted son, is the first-order heir, and he will inherit all the inheritance under Qian Mingqian's name, including sixty percent of the shares of Mingjue Group." And you"

"You will have zero inheritance." Jiang Shibin continued.

Qian Jue couldn't accept this answer: "I have zero inheritance, why does he Qian Ye don't understand anything, the company has always been supported by me and my brother, why did he inherit the company He is an outsider, although the surname is Qian, but there is no blood in our family, my brother has been busy all his life, it is difficult to make a wedding dress for others in the end"

Lin Du suddenly thought: "Mr. Qian, are all the adoption procedures for Qian Ye?"

Qian Jue frowned and tried to think about it, and finally gave a positive answer: "Very Qi, when I adopted Qian Ye, my brother specially asked the legal counsel to help him deal with it, and the legal procedures must be fine." ”

"That's a little tricky." Jiang Shibin frowned.

Lin Du then asked: "Mr. Qian, what is the form of the will in your hand?"

"I printed it out, and my brother signed it." Qian Jue took out the will.

Lin Du took it and looked at it carefully, "Mr. Qian, although the printed will is not written in person, if the will is signed by himself, and there are two disinterested witnesses to witness and sign on the spot. It can be proved that the will is the true expression of the decedent's intentions, so the will should be deemed valid. ”

"You," Lin Du flipped through, "Although the form is perfect, there is a fatal problem, you can't prove that this is not a will printed by the decedent." ”

"My brother dictated it for me to print." Qian Jue didn't understand, "My brother couldn't hold the pen when he was sick, how could he write his own will?"

"Did you make a recording of your brother's dictation?" Lin Du thought was the key.

Qian Jue shook his head: "No." ”

"Mr. Qian, that's right." Jiang Shibin patiently explained: "Printed wills do not belong to the five types of statutory wills at this stage, so the operation in judicial practice is different. Whether it is valid or not also depends on whether it meets the substantive and formal requirements of the will. To put it simply, it is to see whether the printed will meets three conditions: first, whether it is the true expression of the decedent's intentions; second, whether there is a testator's own signature, and the date, and the date, are indicated; Thirdly, there is no evidence to the contrary that the printed Will is false. If the printed will meets the above three conditions, then it can basically be equivalent to the validity of a self-written will"

"I think my brother's will fits what you said." Qian Jue frowned slightly.

As Xia Lu said, the crux of the matter now is that the will is printed by you, and you are the only heir specified in the will. It's easy to question. Jiang Shibin explained: "The opposing lawyer will question that you deceived your brother into signing the will when he was not sober. ”

Lin Du thought for a long time and looked serious: "Mr. Qian, my personal suggestion is that we settle out of court." If this case is litigated, the risk is too great. Once the other party applies for legal bail, you are now in charge of the company, and you cannot touch the money, which is a big loss for the company. ”

Qian Jue also nodded in agreement: "I don't want to force Qian Ye into a corner, others will say that I am ruthless, how to say that he is also the adopted son of our family." In this way, I can give him a large amount of alimony every month, which is good to say, I can always support him, and as for the property and car, I can let him choose a property and a car by himself. ”

"I'll go negotiate with the opposing lawyer, and the money can always rest assured." Although Lin Du said this, she didn't have any bottom in her heart, but the other party's lawyer was Fu Tanyi.

Lin Duan immediately arranged to meet with Qian Ye and his lawyer, Fu Tanyi.

She and Jiang Shibin worked all night to pull out a settlement agreement.

This morning, Jiang Shibin, Lin Du, Qian Ye, and Fu Tanyi sat in the conference room of JunHe Law Firm.

Lin Duan greeted Fu Tanyi warmly, as if the two of them were not two opposite lawyers at all: "Senior brother, I really didn't expect to meet here." ”

"Senior sister, I haven't seen you for a long time." Fu Tanyi also hugged Lin Du warmly.

Fu Tanyi greeted Jiang Shibin again, and the four of them sat down.

As soon as he sat down, the intimate scene just now was gone, and the three lawyers were all sitting upright.

Lin Du was the first to speak: "Mr. Qian Ye, hello, on behalf of your uncle, Mr. Qian Jue, who is also the defendant, I will talk to you to see if there is any possibility of reconciliation, after all, you are all a family, and it is not good to go to court, it hurts the peace." ”

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