Du’s Dispute with a Township Government over Survivor’s Benefits
Category:
Typical case
Basic Facts of the Case:
Before his death, Mr. Ni was an employee of a certain township government. He retired in 1994 and remained unmarried throughout his life, having no children. In 2004, Mr. Ni moved to GL City in GX Province to live with his nephew, Mr. Du, who took full responsibility for Mr. Ni’s daily care and living expenses. Mr. Du also handled all matters related to Mr. Ni’s life, including medical treatment, funeral arrangements, and burial. In June 2012, Mr. Ni’s household registration was transferred from JL City in JL Province to GL City in GX Province. On March 30, 2016, in the presence of two disinterested witnesses, Mr. Ni executed a will voluntarily stipulating that all property and compensation payments left behind upon his death should be inherited by Mr. Du. Mr. Ni passed away on December 5, 2019. During his lifetime, Mr. Du arranged for Mr. Ni’s hospitalization and medical treatment; after his death, Mr. Du handled the cremation, funeral services, and the purchase of a burial plot. Following Mr. Ni’s death, the township government paid a funeral expense of 10,993.5 yuan and a survivor’s benefit of 63,044.2 yuan. However, since the township government had consistently failed to pay Mr. Du the survivor’s benefit and funeral expenses, Mr. Du filed a complaint with the district petition office on August 1, 2020, requesting the township government to disburse the funeral expenses and survivor’s benefit. On August 10, 2020, the township government issued a document confirming that Mr. Ni had been an employee of the township government during his lifetime and had enjoyed the benefits associated with the rank of associate professor prior to his death. The document further stated that after retirement, Mr. Ni had lived continuously with Mr. Du’s family, with Mr. Du taking charge of his daily care and living expenses. Moreover, Mr. Ni had executed a will during his lifetime, designating Mr. Du as responsible for all aspects of his life, including his old age, illness, and death, and stipulating that all property and compensation payments left behind upon his death should belong to Mr. Du. After Mr. Ni’s death, Mr. Du had handled all funeral arrangements for him. Since Mr. Du provided receipts for Mr. Ni’s funeral expenses, the township government agreed to pay Mr. Du the funeral expense of 10,993.5 yuan. However, the township government argued that Mr. Du was not a legal heir of Mr. Ni and therefore refused to pay Mr. Du the survivor’s benefit of 63,044.2 yuan. Consequently, Mr. Du retained our lawyer to file an administrative lawsuit, demanding that the township government pay the survivor’s benefit.
Case handling process:
After accepting the mandate, this attorney verified the facts of the case and the evidence already in the client’s possession. The attorney also informed the client that, given the six-month statute of limitations for administrative litigation—beginning from the date the administrative act was made—Du’s engagement had already exceeded nine months since the township government issued its administrative decision, thus raising the possibility that the lawsuit could be dismissed. Prior to the trial, this attorney meticulously reviewed all the evidence provided by the client and devoted considerable effort to conducting a comprehensive search for similar cases. Eventually, the attorney identified several final administrative judgments favorable to our side, which were then submitted as evidence. At the trial, the defendant repeatedly emphasized that Du was not Ni Moumou’s legal heir and therefore had no right to receive the survivor’s benefits. In response, this attorney highlighted Du’s acts of supporting and caring for Ni Moumou, as well as Ni Moumou’s will. Furthermore, the attorney pointed out that, under the newly enacted Civil Code, nephews can indeed qualify as heirs through subrogation inheritance.
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