[Case] ??Jia is an old man in an 80-year-old man, because several children are far from their hometown, after the death of the wife, I feel that there is no need to take care of it, so I hire a birthmaster. B is looking for a lawyer to draft a legacy support agreement, indicating that B is willing to bear the born and death of the A, in order to exchange all personal property after the death. Subsequently, half of the semi-compulsory requirement to sign the agreement with the assistance of witnesses.
At the same time, by the commission of B, the lawyer recorded a video on site, and recorded the signing process of the agreement. After the agreement signed, B is gradually showing impatient and even tired attitude, and the care of the diam is not as good as before.
After the death, B asked the priority inheritance agreement to fulfill the legacy agreement, but the children of Jia did not recognize and resort to the court.
[Specification] The court is considered that the agreement in this case has only a formal feature, which is essentially unable to constitute a valid legacy.
First, the agreement concluded, B took half a semi-compulsory method, which is not a complete meaning, and when making the agreement, the lawyer entrusted to read the agreement to the contents of the agreement, Agreement only Simple repeat and attachment.
The armor has not negotiated between the contents of the agreement to form a desirable process.
Secondly, from the perspective of the content of the agreement, its agreed rights obligations are not equal. The specific support obligations of B only have general overview, and there is no specific agreement, and the obligation to the Affiliation is significantly more. Finally, the legacy support agreement requires the supporters to be good, and do their best, in order to inherit after being taken away by the supporter, but in this case, the support quality declines sharply after signing the agreement.
The legacy support agreement can only be established on the basis of the voluntary convulsions of the legacy party and the supporting party, and because of its true meaning, it is the most preferred position in all inheritance mode. The judge reminded that the elderly signed a legacy support agreement must be good in the mental state, and it is true that it is true that the supporters are fully investigated. Once the legacy support agreement, once the signing is legally binding, it must be fulfilled, such as the support party failed to start good end, fulfilling the duties to fulfill the support, and should be considered a violation agreement.