In 2005, old man says former colleague ‘cared about me more than my family’ then sues him in 2018. — SCMP
A Shanghai man, who signed an agreement to give his flat to a colleague in return for care and companionship, regretted his decision after he remarried at 93.
The man, surnamed Tan and now aged 99, took his former colleague and caregiver, Gu, to court, but his request to have his property returned was rejected, the Shanghai Morning Post reported on Aug 28.
In 2005, Tan signed a support agreement with Gu and his family, promising to give his flat to them in exchange for their care and companionship.
His requests included Gu and his family frequently calling him on the phone, visiting him once a week, buying him clothes and groceries, and looking after him when he was unwell.
In return, Tan wrote in his will that he would bequeath his flat and its contents to Gu, instead of his children.
He wrote: “They cared about me more than my family. They helped me get through illness and pain, and made my life rich and happy.”
Tan said he was not on good terms with his children, who he felt had not fulfilled the duty of support.
Tan also signed a purchase contract with Gu in 2005, selling his flat to Gu for 200,000 yuan (US$28,000). The size of the unit was not revealed in the report.
The average housing price in Shanghai in 2005 was 6,700 yuan per square metre, according to the Shanghai Statistics Bureau.
Gu did not pay the money, and Tan did not move out. The contract they signed was just a formality.
In 2018, Tan remarried and regretted his decision.
He reportedly sued his former colleague many times in 2019 and 2021, denying knowledge of the transfer of his property into Gu’s name, and demanding an annulment of their contract.
In response, Gu counter-sued, asking Tan to move out immediately and pay rent from 2006.
Gu also showed the court his family’s messages and photos with Tan to prove they had kept him company and taken him on trips.
He said the old man had blocked the family from communicating with him by mobile phone after 2019.
The court in Shanghai dismissed both sides’ requests, deciding they had fulfilled the agreement and formed a de facto maintenance and support relationship. The verdict means Gu can inherit the flat after Tan dies.
It was also pointed out that Tan did not express his dissatisfaction towards Gu for more than a decade, therefore his accusations were not based on facts.
Mainland social media observers overwhelmingly supported Gu and denounced Tan’s flip-flopping.
“What would have happened to you all these years if your colleague did not support you well?” one said.
“It is morally wrong to break promises, especially after other people have given so much,” another commented. – South China Morning Post
