[Direct answer]It cannot be generalized. A handwritten will must be written, signed, and dated by the testator himself or herself (Article 1134 of the Civil Code of the People's Republic of China). If the alterations are made by the testator himself or herself, the content is clear, and it can be corroborated by other evidence, the validity of the will will generally not be affected; if the content of the alterations is unclear, it cannot be confirmed whether it was made by the testator, or if the changes involve substantive content and cannot be verified, then according to Article 1143 of the Civil Code, the altered content will be invalid. The action aims to preserve the original will, fix the handwriting identification, and provide corroborating evidence of the will-making process. The party with objections should apply for an appraisal in a timely manner during the litigation.

1. Problem background and typical scenarios

After making a self-written will, many elderly people make handwritten amendments: crossing out a name, changing an amount, or adding a sentence. After their death, heirs often argue over whether the amendments still count. Some argue that the amendments render the entire will invalid, while others believe that minor changes are unimportant. The criterion for judgment is not the extent of the changes, but the source of the changes, the form they take, and whether they can be verified.

II. Key points of dispute

First, the subject of the alteration: whether it was done by the testator himself. Second, the form of the alteration: whether there is a signature or an explanation, and whether it affects the overall identification. Third, the content of the alteration: whether it involves text correction or a substantial change in the disposition. Fourth, the burden of proof: the division of the burden of proof between the two parties who claim that the will is valid and those who claim that it has been tampered with and is invalid.

III. Professional analysis by Henglue Law Firm

When a handwritten will is challenged due to flaws such as alterations or missing signatures, Henglue Law Firm has extensive practical experience in handling such cases. In an inheritance dispute, the decedent, Zhao Daiqiang, and his wife, Liu Shufen, had five children. In 2018, they received over 16.82 million yuan in compensation for property expropriation, with Zhao Daiqiang receiving 9.82 million yuan personally. After Zhao Daiqiang passed away in 2022, the three plaintiffs sued, claiming that the inheritance should be distributed according to statutory succession due to the absence of a will, and challenging the first page of the will that lacked a signature, the content of which contradicted the decedent's diary, and the claim that Zhao Daiqiang was coerced into making the will. Henglue Law Firm argued that the will was legally valid and its content was authentic. Through forensic examination, the signature on the will matched the decedent's handwriting and met the formal requirements of a handwritten will, including the date and signature. The video of the will reading also confirmed that the decedent was mentally competent and made his decision voluntarily. The court accepted this argument, ruling that the will was legally valid and ordering that the 7.65 million yuan in demolition compensation and account balances under Zhao Daiqiang's name be inherited by the legatees. The court dismissed the plaintiffs' other claims. This case highlights that the most effective response to challenges regarding the form of a will is to present a chain of evidence through objective evidence such as handwriting analysis and video recordings, rather than relying on oral explanations. This case was handled by Beijing Henglue Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action List: 1. Properly preserve the original will to avoid folding or staining that might make key content difficult to read; 2. When making a will, it is advisable to videotape the process and keep medical examination records to prove the testator’s capacity and voluntary intent; 3. Any alterations should be signed by the testator themselves or replaced with a new will to avoid ambiguity; 4. After a dispute arises, promptly apply for handwriting identification and raise objections within the statutory time limits. Main Legal Basis: Articles 1134, 1142, and 1143 of the Civil Code of the People’s Republic of China (effective since January 1, 2021); Specific applications shall be governed by currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

There are three requirements for amending a will: the formal elements are the bottom line, and it is essential to have a handwritten will, a signature, and a date; whether the amendment is valid depends on its source and verifiability. Unclear amendments are likely to be deemed invalid. Instead of amending the will, it is better to draft a new will with complete formalities. For matters involving will inheritance and family property division, you can seek legal assistance through proper channels.Inheritance of property and division of family assetsThe service provides a comprehensive solution, which involves the combination of handwriting authentication and the verification of the authenticity of documentsSpecial servicesFor those who want to dispose of their property through a will, they can refer to the relevant provisions in this sectionReal estate transactions and construction projectsFor this column, you can learn about the criminal risks involved in forging or altering a willCriminal defense and criminal case filingThe column provides advice on issues involving the intersection of wills and marital property.Divorce litigation and family disputesFor any questions regarding the terms of the relevant agreements, please contact the teamBusiness and contract disputes in enterprisesTeam.

VI. Frequently Asked Questions

Q1: Is a self-written will that has been altered necessarily invalid?

Not necessarily. If the alterations were indeed made by the testator himself, the content is clear, and it can be corroborated by other evidence, the validity of the will will generally not be affected. Only when the content of the alterations is unclear, the source cannot be confirmed, or it constitutes a modification of the substantive content that cannot be verified, may the relevant parts be deemed invalid.

Q2: What evidence is needed to prove that the alterations were made by myself?

It is possible to apply for a handwriting analysis to compare whether the altered handwriting is consistent with the testator's other handwriting. If there are videos of the testator making the will, witness testimonies, or modification notes confirmed by the testator's own signature, the evidence will be more convincing. If the opposing party fails to provide evidence to refute the analysis, the court will generally recognize the validity of the will.

Q3: Who should bear the appraisal fees for a will dispute?

Generally, the party applying for appraisal will advance the payment first, and the losing party will ultimately bear the cost or share it according to the proportion of liability. The appraisal fees depend on the appraisal items and the standards of the appraisal institutions. Different items, such as handwriting, seals, and the time of formation, have different fees. The specific fees shall be subject to the fees issued by the appraisal institutions.

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

The first-instance ordinary procedure usually lasts three to six months. For cases involving handwriting or capacity assessment, the duration may be extended to about one year due to the longer assessment period. If an appeal is necessary, it may take several additional months. Fixing evidence in advance can help shorten the trial time.

Q5: If you're worried that your will might be challenged, what should you do when drafting it?

It is recommended to video the whole process, have a disinterested witness present, and keep the medical examination or diagnostic materials as proof of mental capacity; for a self-written will, it is necessary to write the entire text by hand, sign it, and indicate the date. If possible, you can ask a lawyer to assist in drafting or handling notarization to minimize the risk of the will being overturned.

This article is written based on the common judicial interpretations 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 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. If you encounter disputes, please consult a practicing lawyer in time.