Two brothers disputed their mother’s estate — a flat in Xuhui District worth about RMB 5 million, left without a will. The elder brother sued for 80 per cent; the court awarded him 40 per cent and his brother 60 per cent, and the appellate court upheld that division.

Issue

Because the parties could no longer maintain co-ownership, the question became how to divide the property in kind or by compensation, and at what valuation.

Outcome

Ma Dehui acted for the elder brother in the partition proceedings. The court mediated: the flat was awarded to the younger brother, who paid the elder brother the value of his 40 per cent share, with the price fixed by reference to an agreed valuation.

Note

Partition after an inheritance judgment is a separate action. Handling it well is usually worth more to the client than the percentage originally litigated.