[Direct answer]Generally, it is not permissible to unilaterally revoke a joint will. If the joint will reflects the mutual intention of the spouses and involves interrelated dispositions, unilateral revocation may harm the other party's legitimate expectations and established disposal arrangements, leading to significant disputes in practice. According to Article 1142 of the Civil Code of the People's Republic of China, a testator may revoke or amend a will they have made. If there are several wills with conflicting contents, the latest will shall prevail. If a testator performs a civil legal act contrary to the contents of the will after making the will, it shall be deemed as revoking the relevant contents. Therefore, whether a testator can unilaterally amend the part of the joint will involving their own property needs to be determined based on the parties' agreement, the ownership of the property, and whether the will has taken effect. Action guidance: When drafting the will, it is necessary to clarify whether it can be unilaterally amended and to avoid formal defects as much as possible.

1. Problem background and typical scenarios

After a couple jointly drafts a will, if one party subsequently drafts a new will or unilaterally declares to revoke the original will, the other party and their children will immediately worry: Is the original will still valid? A typical scenario is: an elderly couple agreed that the house would be given to a certain child in the future. Years later, one party wants to change it due to a change in their relationship, but they don't know if they can unilaterally revoke it. The issue of revoking a joint will is precisely the most controversial gray area in practice.

II. Key points of contention

Firstly, is a joint will equivalent to the superposition of two independent wills? Secondly, can either party amend the will while both are still alive? Thirdly, can the surviving party amend the portion involving themselves after one of the parties has passed away? Fourthly, which version of the will should prevail in the event of conflicting provisions? The core issue is: can one party unilaterally break the arrangement involving mutual disposal of assets?

III. Professional analysis by Henglue Lawyers

A succession dispute handled by Henglue Law Firm clearly illustrates this point. The decedents, Wang * and Liu *, left a joint will, stipulating that the two houses and deposits in Dongcheng District should be inherited by Wang *1. Wang *2 disagreed, claiming that the will was invalid and demanding equal division according to statutory inheritance laws. Henglue Law Firm represented the appellee, Wang *1, arguing that the joint will was legal and valid. After winning the first-instance case, the other party appealed, but the second-instance court upheld the original judgment. In the end, Wang *1 inherited the two houses and corresponding funds, and paid Wang *2 a sum of 501934.28 yuan. The dispute focused on the validity of the joint will and the definition of the scope of the deposit inheritance. This case shows that, under the premise that the joint will complies with formal requirements and reflects the parties' true intentions, the court tends to respect the parties' joint arrangements and does not easily invalidate their effectiveness simply because one party or inheritor claims so. Regarding the issue of revocation, the practical approach is: if the parties stipulate in the joint will that they may not unilaterally modify the arrangement, then a party's unilateral establishment of a separate will is usually difficult to overturn the original arrangement; if the joint will only disposes of each party's own property and has no mutual connection, each party has relatively more room to modify their own property. In addition, if the surviving party modifies the will after one party's death, the boundaries between the effective part and the part related to their own property need to be separately determined. When courts in Beijing handle such cases, they usually focus on reviewing the formation process of the will, the content of the parties' agreement, and whether it damages the other party's reliance interests. To reduce disputes, the safest approach is to specify in the joint will whether it can be unilaterally modified, the conditions for modification, and the consequences of modification. This case was handled by Beijing Henglue Law Firm.Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

First, when drafting a joint will, it is necessary to specify in writing whether it can be unilaterally amended and the conditions for amendment. Second, retain evidence of the entire joint drafting process, such as videos, witness records, and written confirmations. Third, if one party truly needs to amend the will, it is best to reach an agreement with the other party and redraft the will to avoid unilateral changes. Fourth, properly preserve the original copies of all previous wills and clarify the chronological order of their drafting. Main legal basis: Articles 113 and 142 of the Civil Code of the People's Republic of China, and relevant provisions of the Interpretation of the Inheritance Chapter of the Civil Code by the Supreme People's Court (effective January 1, 2021). Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

When drafting a joint will, it is most important to avoid making changes on the spur of the moment. Either clearly set out the rules for amendments, or re-draft the will after consultation. Unilateral changes often backfire and cause more trouble than they solve. For matters related to wills and inheritance, it is advisable to seek professional legal assistance.\nInheritance of property and division of family assetsObtain a comprehensive solution for the service; it can be combined with matters related to family affairs and divorce propertyDivorce litigation and family disputesPlate; for reference on the execution of the estate, please refer to the following content.Creditor's rights and debts, and enforcementFor matters involving personal injury and inheritance-related medical expenses, you can seek advice from usPersonal injury and medical disputesOther difficult issues can be resolved throughSpecial servicesDocking.

VI. Frequently Asked Questions

Q1: If one party unilaterally revokes the joint will, is the original will still valid?

Generally, it cannot be unilaterally revoked. If the joint will stipulates mutual disposition of property and the form is in compliance with the law, the court tends to uphold the original arrangement; but if it only disposes of each party's own property and lacks mutual connection, the scope for unilateral modification of one's own property is relatively greater. The specific situation should be judged based on the agreement and the ownership of the property.

Q2: What evidence is needed to handle disputes over the revocation of a will?

It is necessary to prepare the original copies of all previous wills and proof of the time they were made, the witnessing or video materials of the joint wills, the written documents agreed upon by both parties, and the witness statements that can prove the process of forming the will. The chronological order and the authenticity of the form are crucial.

Q3: How are the fees for such inheritance lawsuits calculated?

The litigation fees shall be paid in stages according to the value of the estate; fees related to the appraisal or evaluation of the will shall be charged separately. The attorney's fees shall be determined based on the degree of dispute and the scope of the assignment. Before signing the contract, the fee structure should be clearly defined to avoid disputes in the middle of the process.

Q4: How long does it take to resolve a dispute over the revocation of a will?

The first-instance ordinary procedure generally lasts six months, and the summary procedure lasts three months; cases involving appraisal, evaluation, or appeals will be extended accordingly. If there is no major dispute over the validity of the will among the parties, the case may be resolved more quickly through mediation.

Q5: How to modify a joint will?

The most reliable way is to re-draft the will with the consent of the other party, specifying the new disposition arrangements and indicating the date of drafting. If one party does not agree, it is often difficult for unilateral changes to the joint arrangements to take effect. It is recommended to consult a lawyer to assess the feasibility before making any changes.

The above content is based on the judicial practice 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, so as to avoid missing the statutory time limit. →Legal services for inheritance·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.