The golden bachelor of Zhuke died of cancer without concealing his same-sex marriage! “The family will not give inheritance” lawyer reveals the key: it is difficult to convince the court | Life | Sanli News Network SETN.COM

Reporter Luo Xinyi/Reporting from Hsinchu

▲A man from the bamboo family who died of cancer at the beginning of the month found out that he was in a same-sex marriage when checking his inheritance. Not only did they not recognize the marriage, they also refused to give his spouse any inheritance. (Schematic diagram/Photography by reporter Chen Yi)

The 500 million high school murder case in Taichung caused a sensation, and the issue of the inheritance of same-sex couples came to the forefront. A 44-year-old man who worked in the Hsinchu Science Park died of liver cancer earlier this month. It was not until the family checked his assets that they discovered that the man had married a same-sex partner four years ago. The conservative parents said that “it is impossible” because of the case of 500 million high school students. share the inheritance”. In this regard, the lawyer pointed out that “the first key” was that “it is difficult to convince the court.”

A male netizen said in “Dcard” that his 44-year-old brother died of liver cancer in early November. He had the impression that his brother was independent and reliable. He had worked in Hsinchu for many years, bought a house and a car, and always appeared at family gatherings as “single”. Everyone Everyone thought he was a golden bachelor. It was not until his brother passed away that his family took stock of his property and discovered that “my brother had registered a marriage with a boy on May 25, 108.” After contacting him, I found the boy, and after asking, I learned that he and his brother had known each other since they were studying at the age of 22. They worked and lived together in society. They didn’t register their marriage until same-sex marriage was legalized in Taiwan in 2018.

▲The case of 500 million high school students in Taichung once attracted attention from the outside world. (Picture/Information screen)

But unexpectedly, after the marriage was exposed, not only did he not get the blessing of his family, but he also cited the case of 500 million high school students and said that his brother’s inheritance could not be given to the other party. The original PO said that his family and he had never been involved in the life of his brother and his spouse, but the elders denied the fact of their existence because of their own prejudices. He sighed and said bluntly, “Sigh… There has been no peace in the family recently because of this incident.”

In this regard, lawyer Cai Yiyi analyzed that the lawsuits that family members can file are nothing more than a lawsuit to “confirm the non-existence of inheritance rights”, or to claim that same-sex “no inheritance rights” in estate division litigation. No matter which one is chosen, the judge will still consider whether the deceased and the same-sex person have no inheritance rights. Whether the marriage relationship between partners is valid, and then determining whether same-sex couples have inheritance rights.

Cai Yiyi pointed out that if the family wants to adopt the “500 million high school student” model, more evidence must be collected at this stage to prove that the deceased and the same-sex couple were “fake marriages”. However, judging from the context of the article, the original PO’s brother has been married for 4 years. , if there are other cohabitation facts, “it will be difficult for the family to convince the court.”

In addition, regarding the issue of property distribution, Cai Yiyi also explained from two aspects. If the original PO brother leaves more property after his death, the same-sex spouse will receive one share (not necessarily one-half) after exercising the right to request the distribution of “spousal residual property”. , same-sex couples may also have marital property), and then the same-sex couple will receive half of the inheritance as heirs, and the second-ranked parent will receive the remaining half; if the partner does not exercise the remaining property distribution of the couple, the spouse will share 1/ 2, parents 1/2.