[Case Summary]This case is a dispute over inheritance of property (confirmation of the validity of the will). Wang * and Liu * owned two houses at No. 301 and No. 403 in Dongcheng District, Beijing. There was a joint will made by the couple in 2015 and a self-written will made by Wang * on October 8, 2015, both of which designated Wang *1 as the inheritor. Wang *2 claimed that the property should be divided equally according to the statutory inheritance law and questioned the validity of the will. Wang *1 entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiAfter the lawyer's representation, appraisal, and legal argumentation, the court confirmed the validity of the two wills and ruled that the two sets of houses and corresponding deposits, pensions, and funeral expenses should be inherited by Wang *1. Wang *1 was ordered to pay Wang *2 the sum of 501934.28 yuan. The core disputes are: when the contents of several wills conflict, which one should prevail, and the determination of the validity of joint wills and self-written wills between spouses. Applicable legal provisions: the provisions of the Civil Code regarding testamentary succession, conflicts between several wills, and the formal requirements for self-written wills.

I. Review of the Case

"Which will is valid in the event of multiple wills" and "How to make a self-written will effective" are frequently asked questions in inheritance law. Mr. Wang and Mrs. Liu, who had two sons named Wang *1 and Wang *2, owned two houses at No. 301 and No. 403 in Dongcheng District, Beijing (jointly owned by the couple). In 2015, the couple left a will stipulating that the two houses would be inherited by Wang *1. However, on October 8, 2015, Wang *1 drafted a self-written will, stipulating that his share of the property and savings would also be inherited by Wang *1. Mrs. Liu died in May 2015, and Mr. Wang died in June 2022. Wang *1 withdrew some of the savings, but Wang *2 disagreed, claiming that the inheritance should be divided equally according to the law and questioning the authenticity of the will. Due to the lack of an agreement, Wang *1 entrusted Henglu Law Firm to handle the case.Li YonghuiThe lawyer filed a lawsuit on behalf of the client in the court.

II. The focus of the case

  • Focus 1: In the event of conflicts between multiple wills, which one should prevail?In 2015, the joint will of the couple conflicted with the content of Wang's new will on October 8, 2015. Therefore, the "latest will" should be applied in this case.
  • Focus 2: The legal validity of a will.Whether the joint will of a couple and the self-written will comply with the statutory formal requirements, and whether the signatures are authentic.
  • Focus Three: Scope and Division of the Inheritance.How to determine and distribute the two sets of houses, the deposits in various bank accounts, and the pension and funeral expenses?

III. Professional intervention by Hengluo Law Firm

The plaintiff (Wang *1) claimed that:Wang *1 claimed that according to the parents' will, the two houses and the self-owned shares of the deposits should be inherited by him. He requested to confirm the validity of the will and rule that the inheritance should belong to him, and he was willing to pay the corresponding amount to Wang *2 according to the law.

The defendant (Wang *2) argued that:Wang *2 claimed that the parents' property should be divided equally among the brothers according to the statutory inheritance, and he doubted the authenticity and validity of the will submitted by Wang *1 and refused to recognize it.

Legal opinion of Hengluo Law Firm:Li YonghuiThe lawyer communicated with the client multiple times to determine the validity of the two wills and the scope of the estate: The joint will signed by the couple on April 30, 2015 met the formal requirements for a joint will, and Liu's share was inherited by Wang No.1 according to the will; according to the principle that "if the contents of several wills conflict, the latest will shall prevail", Wang's self-written will (written by hand, signed and stamped with the date) signed on October 8, 2015 met the requirements for a self-written will, and his share and personal savings were inherited by Wang No.1. The lawyer clarified the boundaries between the couple's joint property and personal property one by one regarding the scope of the estate, and applied for a handwriting identification.

  • It is argued that both the joint will and the subsequent self-written will are valid, and the ownership of the shares of Liu * and Wang * should be determined respectively
  • Clarify the joint and individual property of the couple in each bank account, and define the scope of the inheritance
  • Apply for a judicial appraisal to confirm that the signature on the will was written by the decedent himself/herself

IV. Outcome of the case

After the trial, the court accepted the evidenceLi YonghuiThe lawyer's main opinions. According to the appraisal, the signature on the will was written by the same person as the sample; the joint will made by the couple in 2015 was valid, and Liu's share was inherited by Wang 1; Wang's self-written will on October 8, 2015 was valid, and his share and personal savings were inherited by Wang 1. The judgment: The houses No. 301 and No. 403 in Dongcheng District under Wang's name are inherited by Wang 1; the deposits and interest in all of Wang's bank accounts, as well as the pension and funeral expenses, are owned by Wang 1; and Wang 1 shall pay Wang 2 501934.28 yuan within 15 days after the judgment takes effect. In the event of conflicts between multiple wills, the latest will shall prevail.

5. Henglu Law Firm's Reminder

If there are several wills with conflicting contents, the latest will shall prevail; a self-written will shall be written by the testator in his own handwriting, signed and dated with the year, month and day. For the inheritance of real estate and deposits, the boundaries between marital joint property and personal property should be clarified. This case is handled by Beijing Henglu Law Firm [Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on the rules of testamentary succession in the Civil Code, to safeguard the client's inheritance rights and interests.

VI. Common Questions About Inheritance Cases (FAQ)

  1. Q: Among multiple wills, which one should prevail?
    A: If the contents of the wills conflict with each other, the latest will shall prevail; however, all the wills must comply with the statutory formal requirements.
  2. Q: How can a handwritten will be considered valid?
    A: It is valid if it is written and signed by the testator in his own handwriting, and the year, month and date are indicated. It does not require a witness to be effective.
  3. Q: Is a joint will made by a married couple valid?
    A: A joint will of a married couple that meets the formal requirements is valid, and it can specify that the inheritance be inherited by a specific heir.
  4. Q: What should I do if the authenticity of my will is questioned?
    A: You can apply to the court for a handwriting identification to confirm that the signature was written by the decedent himself/herself.
  5. Q: How can Beijing inheritance lawyers assist with property inheritance?
    A: Clarify the validity of the will and the scope of the estate, combine appraisal and legal argumentation, and systematically assert the right of inheritance.