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Du’s Dispute with a Township Government over Survivor’s Benefits
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 living needs and care. Mr. Du also handled all matters related to Mr. Ni’s life, including his 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 after 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 Mr. Ni 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. After retirement, Mr. Ni had lived continuously with Mr. Du’s family, and it was Mr. Du who had been responsible for Mr. Ni’s daily care and living expenses. Moreover, Mr. Ni had executed a will during his lifetime, designating Mr. Du as the person responsible for all aspects of his life, including his illness, aging, and eventual death. The will further stipulated that all property and compensation payments left behind after Mr. Ni’s death would belong to Mr. Du, and that Mr. Du had handled all post-mortem arrangements for Mr. Ni. 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 maintained 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.
Housing Demolition and Relocation Contract Dispute Cases
Plaintiff Qiu claims: He owns a residential unit—apartment 202, Unit 1, No. 315, Xincun, Xiba Road—measuring 92 square meters in area. In September 2009, the plaintiff and the defendant signed the “House Demolition Compensation Agreement” for the Xiba Road Construction Project in Xishan District, stipulating that the compensation rate per square meter for the house would be RMB 5,131, with a total housing value compensation of RMB 472,052. To ensure fairness and consistency in compensation before and after, Article 9 of the agreement provides: “If, during the implementation of this Xiba Road Construction Project in Xishan District, the prices of houses on the same floor in the same building change, the new compensation rate shall apply.” By the end of 2009, only a few households had signed the agreement for Units 315 and 319; the vast majority of residents jointly refused to sign, thus halting the relocation process. It was not until July 2013 that the defendant resumed the relocation efforts targeting the residents of Units 315 and 319 in Xincun, Xiba Road, and adjusted the compensation rates for these two buildings. Specifically, the compensation rate per square meter for units on the same floor as the plaintiff’s Unit 315 was adjusted to RMB 11,063, representing an increase of RMB 5,932 per square meter. According to the agreement, the defendant should also compensate the plaintiff for the difference totaling RMB 545,744. After unsuccessful negotiations, the plaintiff brought the case to court, requesting the court to rule as follows: 1. The defendant fulfill its obligations under the “House Demolition Compensation Agreement” and pay the plaintiff the housing compensation difference of RMB 545,744; 2. The defendant pay interest losses amounting to RMB 60,134 due to the delayed payment of the housing compensation difference caused by its breach of contract; 3. The defendant bear the litigation costs.
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