[Direct answer]No. According to Article 1135 of the Civil Code of the People's Republic of China, a written will shall be witnessed by two or more witnesses. One of them shall write the will on behalf of the testator, and the testator, the writer of the will, and other witnesses shall sign it and indicate the year, month, and day. Article 1140 clearly stipulates that heirs, legatees, and persons with an interest in them cannot serve as witnesses to the will. Since the writer of the will is himself one of the witnesses, heirs cannot serve as writers of the will, otherwise the will may be deemed invalid due to the lack of formal requirements. Action guidance: Select a third party with no interest in the matter to serve as the writer of the will and a witness.

1. Problem background and typical scenarios

Old people who are illiterate or have difficulty writing usually ask someone to write their will for them. Who will write the will and who will witness it is often arranged by their children, thus resulting in situations where "the child who inherits the property writes the will". Another inheritor then claims that the will is invalid. Such disputes may seem technical, but they actually directly determine whether the will can be implemented.

II. Key points of contention

Firstly, whether the testator's representative belongs to a witness and is subject to qualification restrictions; Secondly, how to define the scope of interested parties; Thirdly, the consequences of a testamentary will lacking a signature or a date; Fourthly, whether the investment affects the joint ownership of property and inheritance shares. The core issue is that the neutrality of witnessing and testamentary representation is a prerequisite for formal validity.

III. Professional analysis by Henglue Law Firm

A succession dispute handled by Henglue Law Firm clearly demonstrates the importance of the formal requirements of a holographic will. In 1995, Zhang Quan and his wife Liu Cui Fen purchased a house at No. 301 in Haidian District through the housing reform program, and it was registered as jointly owned. In 2021, Zhang Quan drafted a holographic will, designating 50% of his share of the house to be inherited by his daughter Zhang Ya. However, in 2022, Zhang Quan passed away. Liu Cui Fen and their son Zhang Zhiqiang raised objections, claiming that Zhang Zhiqiang had contributed 9,000 yuan to the purchase of the house and that the ownership of the house had been arranged otherwise. The focus of the dispute centered on the validity of the holographic will and whether the contribution constituted joint ownership. Henglue Law Firm organized evidence around the formal requirements of the holographic will, the testator's intent, and the source of the house's ownership, arguing that the will met the legal formalities and should be valid. The court ultimately ruled that 50% of the house owned by Zhang Quan should be inherited by Zhang Ya, and the house should be owned 50% by each of Zhang Ya and Liu Cui Fen, dismissing the defendants' related claims. This case highlights two points: First, the validity of a holographic will highly depends on formal compliance. The witnesses must be individuals outside the heirs and legatees who have no interest in the inheritance. As one of the witnesses, the holographic testator naturally cannot be an heir. Second, the contribution of funds does not necessarily change the registration of property rights and the scope of the estate. The key lies in whether there are clear agreements and corresponding evidence. When courts in Beijing handle such cases, they typically conduct a detailed review of the holographic process, the presence of witnesses, and whether the signature and date are complete. Formal defects often lead to the invalidation of the will. This case was handled by Beijing Henglue Law Firm.Yu DawaiAttorney (practice license number: 11101201010292290, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

The first step is for the procuring agent and the witnesses to choose individuals who have no interest in the heirs or the donees; the second step is to ensure that the testator, the procuring agent, and other witnesses all sign the will in person and indicate the date and month; the third step is to record the entire process with audio and video to preserve a complete record of the procuring process and the testator's expression of intent; the fourth step is to prioritize the handling of notarized wills to reduce the risk of formal defects. Main legal basis: Articles 1135, 1140, and 1143 of the Civil Code of the People's Republic of China (effective January 1, 2021). Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

The biggest pitfall of a written will is that it is often written and witnessed by family members. The golden rule for choosing witnesses is that they must have no connection to the inheritance, no vested interests, be present throughout the entire process, and sign the document in person. Matters involving wills and inheritance can be handled through legal procedures.\nInheritance of property and division of family assetsObtain a comprehensive solution for the service; those involving real estate and construction projects can be combined togetherReal estate transactions and construction projectsPlate; for those involved in family property disputes, you can refer to the relevant information for reference.Divorce litigation and family disputesFor matters related to the execution of a will, you can seek advice from us.Creditor's rights and debts, and enforcementOther difficult issues can be resolved throughSpecial servicesDocking.

VI. Frequently Asked Questions

Q1: If the heir drafts a will on behalf of the testator, is the will necessarily invalid?

It is highly likely that it will be deemed invalid. The heir is a legally prohibited witness, and the testamentary executor is also one of the witnesses, so the formal requirements are lacking. Unless there is another legally valid form of will, it will be difficult for this testamentary will to be accepted.

Q2: What evidence should be prepared for a written will, and what key elements should be noted?

It is necessary to prepare the original will, the identity materials of the proxy and the witnesses, a written text with complete signatures and dates, and synchronized video recordings. The requirements include: the presence of two or more qualified witnesses, one of whom acts as the proxy, and the signatures of the testator, the proxy, and other witnesses, with the date indicated.

Q3: How much does it cost to litigate an inheritance case caused by defects in a power of attorney?

The litigation fees shall be paid in stages according to the value of the estate; the appraisal fees for handwriting identification shall be calculated separately. The attorney's fees shall be determined based on the degree of the dispute and the scope of the entrusted services. It is recommended to first assess the possibility of rectifying the will or drafting a new will before deciding on the litigation strategy.

Q4: How long does it usually take to litigate such inheritance cases?

The first-instance ordinary procedure generally lasts for six months, and the simplified procedure lasts for three months; cases involving appraisal, evaluation, or appeals will be extended accordingly. If there are no major disputes among the heirs over the scope and share of the estate, the case may be settled faster through mediation.

Q5: If a will is found to have formal defects, can it still be rectified?

It is possible to redraw a will that meets the formal requirements while the testator is still alive, or to execute a notarized will; if the testator has already passed away, it is usually only possible to claim other valid forms of will or handle the inheritance according to the law. It is recommended to consult a lawyer as soon as possible to assess the scope for remedial action.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for inheritance·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.