[Direct answer]In the Beijing area, it is necessary to judge based on both form and content and not to generalize. Chinese law does not have a separate provision on joint wills of spouses, and their validity is based on whether they comply with the general formal requirements of a will and reflect the true intention of the parties. In practice, if the wills are jointly drafted by both parties and their contents are interrelated, the part that the deceased party can dispose of will usually be handled according to the will after the death of one party, and the other party's part will take effect after their death. According to Article 1133 of the Civil Code of the People's Republic of China (natural persons may make wills to dispose of their personal property), Articles 1134 to 1139 (formal requirements for handwritten, proxy, printed, audio-visual, oral, and notarized wills), and Article 1142 (withdrawal and modification of wills). If there are formal defects or if the will disposes of property that does not belong to the testator, the relevant parts may be deemed invalid. Action guidance: Check the form of the will and the situation of witnessing.

1. Problem background and typical scenarios

An elderly couple jointly drafts a will, leaving their house to one of their children or stepchildren. If one of them passes away first, the surviving spouse's children or relatives will immediately raise questions: Is this will valid? Typical disputes focus on whether the joint will is recognized, whether a self-written will requires witnesses, whether the elderly person had the capacity to make a will at the time of drafting, and how to handle the spouse's share of the property.

II. Key points of contention

Firstly, is the validity of a joint will between spouses based on formal requirements or does it have special provisions? Secondly, is it necessary to have two witnesses for a self-written will? Thirdly, the burden of proof and determination of the testator's capacity for making a will. Fourthly, can the scope of disposition in the will cover the spouses' shares? The core issue is to separate the "validity of the will" from the "distribution of shares".

III. Professional analysis by Henglue Lawyers

A will inheritance dispute handled by Henglue Law Firm is quite representative. The decedent, Dong Lifeng, and his remarried wife, Liu Shufen, jointly made a will in 2016, bequeathing a house in Xiangshan, Haidian District, purchased during their marriage, to their stepson, Su Zhiyong, as his personal property. After Dong Lifeng passed away, his biological daughter, Dong Fei, questioned the validity of the will and refused to cooperate with the transfer of ownership. Su Zhiyong therefore entrusted Henglue Law Firm to file a lawsuit. Dong Fei claimed that the will form was flawed, that the witnesses had a conflict of interest with the heirs, and that the testator lacked legal capacity. The focus of the dispute centered on the validity of the joint will, the formal requirements of a self-written will, and the determination of the testator's legal capacity. Henglue Law Firm responded to each point with evidence and legal arguments: applying for a judicial appraisal to confirm the authenticity of the will signatures; obtaining the "Disease Certificate" to refute the claim of legal incapacity; and clarifying that a self-written will does not necessarily require witnesses. The court ultimately confirmed the validity of the will, ruling that 50% of the house would be inherited by Su Zhiyong and 50% by Liu Shufen, with the remaining estate handled according to statutory inheritance rules. The takeaway from this case is that, when facing challenges, whether the "true intent" can be clearly proven through appraisal opinions, medical records, and legal arguments is crucial to the outcome of the case. It should be noted that joint wills are not inherently invalid, but they are also not inherently valid. Their validity ultimately depends on whether the form complies with regulations, whether the intent is genuine, and whether the disposal exceeds legal boundaries. When courts in Beijing handle such cases, they typically conduct meticulous reviews of the handwriting, date, and legal capacity of self-written wills. This case was handled by Beijing Henglue Law Firm.Xue SuhuaThe attorney (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

First, properly keep the original will to avoid formal defects caused by alterations or destruction; Second, fix the evidence of capacity for action when making a will, such as physical examination or medical visit records, and conduct a mental status assessment when necessary; Third, for matters involving the spouse's share, clarify the scope of disposition to avoid disposition of others' property beyond the scope; Fourth, if it is possible to handle notarization, prioritize notarized wills, or invite witnesses who have no interest in the matter. Main legal basis: Articles 113 to 142 of the Civil Code of the People's Republic of China (effective from January 1, 2021). Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

The key to a joint will is not "writing it together", but "writing it in compliance with the law, with a true intention, and without exceeding the scope of disposal". The original document, the date, the handwriting, and the capacity for action must all withstand scrutiny. Matters related to wills and inheritance can be resolved through legal channels.\nInheritance of property and division of family assetsObtain a comprehensive solution for the service; those involving family matters and divorce property can be combined togetherDivorce litigation and family disputesPlate; for reference on estate execution, please refer to the following content.Creditor's rights and debts, and enforcement; For advice on designing property agreements, please consult us.Business and contract disputes in enterprisesOther difficult issues can be resolved throughSpecial servicesDocking.

VI. Frequently Asked Questions

Q1: Will a joint will of a married couple be recognized by the court?

It may be recognized or rejected, depending on whether it meets the formal requirements of the will and reflects the true intention of the testator. If the form is compliant, the intention is genuine, and the disposition does not exceed the scope of each party's property, it will usually be confirmed in practice. However, if there are formal defects or disputes over the testator's capacity, the will may be partially invalidated.

Q2: Do I need a witness for a handwritten will, and what evidence should I prepare?

A handwritten will can be made by the testator writing and signing it himself/herself, and indicating the date. The law does not require a witness. To prevent disputes, you can simultaneously save the handwriting samples, medical records or physical examination records, videos, etc., so as to prove the authenticity and capacity for action.

Q3: How much does it cost to file a lawsuit challenging the validity of a will?

The litigation fees shall be paid in stages according to the value of the estate; if handwriting or capacity assessment is required, additional assessment fees will be charged. The attorney's fees shall be agreed upon based on the level of dispute and the scope of the entrusted services. It is recommended to first clarify the scope of the estate and the points of contention, and then determine the method of entrustment.

Q4: How long does it usually take to resolve a dispute over inheritance by will?

The first-instance ordinary procedure generally lasts for six months, and the simplified procedure lasts for three months. The time period will be extended accordingly if the case involves appraisal, evaluation, or a large number of heirs. If there are no major disputes among the heirs regarding the validity of the will, the dispute may be resolved more quickly through mediation.

Q5: What should I do if I have objections to the will?

First, verify the form and authenticity of the will, and if necessary, apply for handwriting identification or a review of the testator's capacity for action; at the same time, preserve the materials such as medical records and audio/video recordings made at the time of making the will. It is recommended to consult a lawyer as soon as possible and evaluate the likelihood of objections being raised before deciding whether to initiate litigation.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Inheritance legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.