Chinese Court Rules Non-Marital Child Entitled to Mandatory Inheritance Share Despite Valid Will

A Chinese court has issued a landmark ruling that upholds a deceased father's valid will leaving all assets to his legitimate daughter, while simultaneously ordering that a mandatory inheritance share be preserved for his unrecognized non-marital son under China's "must-reserve share" (必留份) system.

Case Background

In June 2024, Mr. Wang passed away leaving substantial assets including real estate, stocks, savings, and vehicles. His notarized will specified:

• Annual payment of 100,000 RMB to his mother
• All remaining assets to his legitimate daughter, Xiao Wang

A stranger then filed a lawsuit claiming to be Wang's non-marital son, born from a relationship that began in 2016.

Legal Issues

The case involved two key legal questions:

1. Parentage verification — Was the plaintiff actually Wang's biological child?
2. Will vs. mandatory share — Does the non-marital child override the valid will?

Parentage

• DNA evidence confirmed biological grandparent relationship
• WeChat records showed Wang had expressed concern for the child's wellbeing
• Xiao Wang refused DNA testing, which the court treated as adverse inference
• The court confirmed parentage by "preponderance of evidence" standard

Mandatory Share

While the notarized will was confirmed valid (Wang was clear-minded and autonomous when signing), Article 1141 of China's Civil Code requires that wills preserve a necessary share for heirs who lack both labor capacity and a source of livelihood. Since the non-marital son is a minor, the mandatory share applied.

Significance

This ruling highlights the tension between:

1. Testamentary freedom — A person's right to distribute assets as they wish
2. Protective legislation — Society's duty to protect vulnerable dependents
3. Non-marital children's rights — Equal inheritance rights regardless of parents' marital status

The court's approach balanced all three principles: the will was upheld as valid, but the minor non-marital child received a "necessary share" rather than the full statutory entitlement.

The ruling has generated significant public discussion in China about family law, estate planning, and the evolving legal status of non-marital children.