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Case file s983 · Modern estates · 2021
2021
Map of China, marked on the globe
Map of China. Ssolbergj. CC BY-SA 4.0, Wikimedia Commons.
Died
31 December 2021
Place
Baoshan district, Shanghai, China
Field
private family
Legal tradition
Chinese succession law: legacy-for-support agreement (遗赠扶养协议) and voluntary guardianship (意定监护) · Chinese and East Asian law
Historical event
Shanghai legacy-for-support case, 2017 to 2024

An 88-year-old Shanghai man signed his 3 million yuan home over to the fruit seller who cared for him, a court later declared him incapable, and the gift still stood

A Shanghai man surnamed Ma lost his wife in 2011 and his only son in 2017. He lived alone. In 2017, soon after his son died, he signed an agreement with Liu, who ran a fruit stall near his home. Liu would care for him, pay for his medical care and arrange his funeral. In return Ma's property would pass to Liu at his death. Liu, his wife and his daughter moved into the house. In March 2019 the two men had the agreement notarised, and Ma named the vendor his guardian. Ma's sister then asked a court to declare him incapable. A forensic report of 14 April 2021 found an organic mental disorder. On 8 May 2021 the Baoshan court declared him without civil capacity. The relatives said they would seek to become his guardians. Ma died on 31 December 2021. Liu sued for the house, worth about 3 million yuan, its contents and the savings. Ma's sisters and nephews said he had been diagnosed with dementia in 2017 and could not have understood what he signed. The first court upheld the agreement. On 17 May 2024 the Shanghai No. 2 Intermediate People's Court dismissed their appeal. It said dementia develops gradually and the records did not prove he lacked a clear mind when he signed. Liu keeps the property.

What the law took from it

A care-for-inheritance contract signed and notarised while the owner is clear-minded survives a later finding of incapacity.

Record vs. record

The Paper (2021) calls the vendor by the pseudonym Xiao You; Beijing News and ifeng (2024) call him Liu:

Cite as: celebrity.estate, “An 88-year-old Shanghai man signed his 3 million yuan home over to the fruit seller who cared for him, a court later declared him incapable, and the gift still stood,” story s983, https://www.celebrity.estate/an-88-year-old-shanghai-man-signed-his-2021, updated 30 October 2026.

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