[Case Summary]This case involves a dispute over inheritance by will. The decedents, Wang Zhiguo and Zhang Hua, purchased a house at No. 201, Changping District. Wang Zhiguo died in 2004, and Zhang Hua died in 2007. In 2002, the couple jointly notarized a will, stipulating that the decedents' share of the house would be inherited by their daughter, Wang Li (with the obligation of Wang Li paying 100,000 yuan to their son, Wang Ming). In 2006, Zhang Hua made a handwritten will, stipulating that the house would be entirely given to Wang Ming. Wang Ming's son, Wang Gang, sued based on the 2006 handwritten will, and Wang Li entrusted Beijing Henglu Law Firm to handle the case.Zhu GuiyingThe lawyer, on behalf of the client, argued that the original Inheritance Law should be applied and that the probate will should take precedence. The court accepted the argument, ruling that the probate will was valid and that the handwritten will could not revoke the probate will. The court dismissed all the plaintiff's claims. The core dispute was the conflict of validity between multiple wills and the priority rule of the probate will. The applicable legal provisions were Article 20 and Article 21 of the Inheritance Law of the People's Republic of China (the acts occurred before the implementation of the Civil Code).

I. Review of the Case Facts

"The elderly person made several wills. Which one is valid?" This is a frequently asked question in inheritance disputes. Related terms include "which is more effective, a notarized will or a self-written will?", "conflicts of validity between multiple wills", "what should be done if an obligation-attached will is not fulfilled?", and "can a self-written will revoke a notarized will?". The deceased, Wang Zhiguo and Zhang Hua, were a married couple. They purchased a house located at No. 201, Changping District, Beijing, which was registered under Wang Zhiguo's name and belonged to their marital joint property. Wang Zhiguo died on November 26, 2004, and Zhang Hua died on May 28, 2007. Both of their parents died before them. The couple had a son, Wang Ming, and a daughter, Wang Li. Wang Ming died on February 26, 2019, leaving behind his wife, Liu Shufen, and their son, Wang Gang (the plaintiff).

On February 6, 2002, Wang Zhiguo and Zhang Hua jointly went to the notary office to make notarized wills, agreeing that the share of the house owned by them would be inherited by their daughter, Wang Li, on the condition that Wang Li would pay 100,000 yuan to Wang Ming in one go. Otherwise, the will would be invalid and subject to statutory inheritance. The will was made in three copies, and the couple also requested that the content be kept confidential. On May 1, 2006, Zhang Hua unilaterally made a self-written will, stating that the 2002 notarized will was invalidated and the house would be left entirely to Wang Ming, and noting that she had obtained Wang Li's consent. On July 6, 2006, Wang Li issued a receipt to receive 60,000 yuan in compensation from Zhang Hua, but claimed that the money was for the distribution of the benefits from the demolition of the original house in 1997 and had nothing to do with the change of the will. On December 15, 2008, Wang Ming made a will to inherit the house to his son, Wang Gang.

II. The focus of the case

  • Focus 1: In the case of a conflict of validity between a notarized will drawn up in 2002 and a self-written will drawn up in 2006, which one takes precedence?The core issue of this case is whether a handwritten will can revoke or amend a previously notarized will.
  • Focus 2: Whether Wang Li is eligible to inherit, and whether the receipt for 60,000 yuan affects the validity of the will.Whether Wang Li fulfilled her ancillary obligations and whether the receipt constitutes a modification of the will are crucial to determining the ownership of the inheritance rights.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Wang Gang) alleges that:Wang Gang sued on the basis of Zhang Hua's 2006 self-written will, demanding to inherit the house involved in the case, and submitted a receipt showing that Wang Li had received 60,000 yuan in compensation from Zhang Hua, claiming that the content of the will had been amended and that Wang Ming should enjoy the right of inheritance.

The defendant (Wang Li) argued that:Wang Li agreed to fulfill the will made in 2002, which stipulated that she would pay the money to Wang Ming and then inherit the house. She also appointed Henglu Law Firm to handle the legal matters related to this transaction.Zhu GuiyingThe lawyer acts as an agent to safeguard the legitimate right of inheritance.

Hengluo Lawyer's Agency Opinion:Zhu GuiyingThe lawyer comprehensively reviews the evidence and clarifies the legal relationship:

  • In this case, the Inheritance Law of the People's Republic of China shall apply, and the probate will shall take precedence: the legal fact giving rise to inheritance occurred before the implementation of the Civil Code, and the law at that time shall apply; according to Article 20 of the Law, the self-written, proxy-written, audio, and oral wills shall not be revoked or modified by the probate will.
  • In 2006, the self-written will cannot revoke the notarized will of 2002: Wang Zhiguo and Zhang Hua's joint notarized will of 2002 is legal and valid. Zhang Hua's self-written will in 2006 cannot revoke or amend the notarized will according to law. Moreover, since Wang Zhiguo has passed away, Zhang Hua has no right to unilaterally change Wang Zhiguo's share of the inheritance.
  • Wang Liyuan is willing to fulfill the obligations and qualifications: According to Article 21 of the Inheritance Law, the heir with attached obligations who expresses his/her willingness to fulfill the obligations shall enjoy the right of inheritance according to law; Wang Liyuan explicitly agreed to fulfill the obligation of payment in court.
  • The receipt for 60,000 yuan has nothing to do with inheritance: This sum is actually the compensation for the distribution of the benefits from the demolition of the original house in 1997, which does not meet the formal requirements for the legal change of a notarized will and does not produce the effect of a change.

IV. Outcome of the case

The court adopted the attorney Zhu's argument and concluded that, in terms of legal application, since all the decedents died before the implementation of the Civil Code, the original Inheritance Law should be applied. The notarized will takes precedence in terms of effectiveness—according to Article 20 of the Inheritance Law, a testator may revoke or modify the will they have made, but a self-written, proxy-written, recorded, or oral will cannot revoke or modify a notarized will. The 2002 notarized will is legally valid, and the 2006 self-written will cannot be revoked. Moreover, since Wang Zhiguo has passed away, Zhang Hua has no right to unilaterally change his share. The testamentary obligation has already met the conditions for performance—Wang Li agreed to fulfill the payment obligation in court and is entitled to inherit according to the will.

The court's final verdict is:Reject all the litigation requests of the plaintiff, Wang Gang, and the plaintiff shall bear the case acceptance fee of 11,000 yuan.Zhu GuixingThe lawyer helped the client win the case and inherit the house involved in the lawsuit in accordance with the will. It is worth noting that after the implementation of the Civil Code, the priority effect of notarized wills has been cancelled, and the latest will is the prevailing one. However, in this case, the facts occurred before the implementation of the Civil Code, so the original provisions still apply.

5. Henglu Law Firm's Reminder

When making a will, regardless of the form used, as long as it meets the statutory requirements, the one made later in time shall prevail (according to the new regulations of the Civil Code); however, for notarized wills made before the implementation of the Civil Code, the original priority rule for notarized wills in the Inheritance Law still applies. If you encounter the question of "which of multiple wills is valid", it is recommended to consult a professional inheritance lawyer. This case was handled by Beijing Henglu Law Firm.Zhu GuijingThe lawyer (practice license number: 11101202011246828, subject to the document issued by the judicial administrative organ) acted on behalf of Wang Li and successfully secured her legitimate rights and interests based on the priority rule of notarized wills in inheritance law.

VI. Common Questions About Inheritance Disputes Involving Wills (FAQ)

  1. Q: Which is more effective, a notarized will or a later self-written will?
    A: If the legal facts occurred before the implementation of the Civil Code, according to the original Inheritance Law, the notarized will takes precedence, and the handwritten will cannot revoke the notarized will. This is the case in this instance. After the implementation of the Civil Code, the latest will shall prevail.
  2. Q: Can a self-written will revoke a notarized will?
    A: Under the original Inheritance Law, this was not allowed, and a notarized will was required to revoke or amend it. However, the current Civil Code has removed this restriction, and the last will made before death shall prevail.
  3. Q: For a will with attached obligations, is it invalid if the heirs fail to fulfill them?
    A: The heir who fulfills his obligations shall enjoy the right of inheritance; in this case, Wang Li agreed to fulfill her obligation to pay in court, so she is qualified to inherit.
  4. Q: I gave the other party a sum of money before. Does that count as a change to the will?
    A: Generally, it doesn't count. To amend a notarized will, it must comply with the statutory form. If the ordinary compensation receipt has nothing to do with the will, it will not have the effect of amending the will.
  5. Q: What should I pay attention to when making a will after the implementation of the Civil Code?
    A: There is no longer a priority for notarized wills, and the last will shall prevail; however, regardless of the form, it must comply with the statutory requirements. It is recommended to have a lawyer assist in drafting the will to avoid it being invalid.