[Direct answer]Part of it is valid, and part of it is invalid. The jointly owned property of a couple belongs to both of them. The testator can only dispose of the share that belongs to him or her, and the part disposed of in the spouse's share will not take effect. Within the scope of his or her own share, if the will meets the statutory formal requirements, it will be valid. The remaining part will be dealt with according to statutory inheritance. That is to say, a will that "gives the entire set of jointly owned property to someone" will not be invalid as a whole, but will take effect within the testator's own share. If the property is the testator's personal property before marriage, it can be disposed of entirely by will; if the couple jointly make a will to deal with their jointly owned property and it meets the formal requirements, it can also be deemed valid.

1. Problem background and typical scenarios

The arrangement of wills for jointly owned property between spouses is prone to disputes: if one party leaves the house to a certain child or spouse in the will, the other heirs may claim that the will is invalid on the grounds that "the house is a jointly owned property of the couple, and you have no right to dispose of it". Typical scenarios are remarried families or families with many children, where the content of the will involves the entire set of property, and the conflict of interests between the testator, their spouse, and children is obvious.

II. Key points of contention

First, whether the property is joint property or personal property; Second, whether the scope of the will's effectiveness is all or partial; Third, whether the formal requirements of the will are met; Fourth, the determination of the effectiveness of the joint will. In practice, the focus of the dispute is often on the two aspects of "disposition authority" and "formal requirements".

III. Professional analysis by Henglue Lawyers

The first layer concerns the boundaries of the right to dispose of property. The Civil Code stipulates that marital joint property is jointly owned, and the disposition of joint property requires the consent of both parties. A will is an act of unilateral disposition of one's own property by the decedent, so only the decedent's own share of the property can be disposed of. Any disposition exceeding this share is invalid, rather than rendering the entire will invalid. The second layer highlights the crucial importance of formal requirements. Article 1134 of the Civil Code stipulates that a handwritten will must be written, signed, and dated by the testator. Compliance with formal requirements is the basis for its legal validity. In an inheritance dispute handled by Henglue Law Firm, the decedent had left a printed will stipulating that the house should be inherited according to the will, but the appellee argued that the house was not a part of the estate and that the form of the will was questionable. Ultimately, the court ruled that the house had been transferred out of the decedent's name before his death and was not part of the estate, thus rejecting the claim based on the will. This case highlights the importance of ensuring that a will not only reflects the testator's true intentions but also complies with legal formalities. The third layer emphasizes the priority of dividing joint property before addressing the validity of a will. When determining the validity of a will, it is first necessary to clarify the decedent's share of the joint property: half of the joint property should be allocated to the spouse first, and only the remaining half can be disposed of by the will. In another case handled by Henglue Law Firm, the court ruled that two houses were the decedent's premarital personal property and were divided as part of the estate after his death. At the same time, the court first allocated the spouse's share of the marital assets, such as savings, provident fund, and enterprise annuity, before handling the remaining assets, indicating that "dividing joint property first and addressing the will later" is the basic order. The fourth layer addresses conflicts between joint wills and testamentary dispositions. Spouses may jointly draft a will to dispose of joint property. If the will complies with legal formalities, it is generally deemed valid. If there are conflicting provisions in multiple wills, the latest will prevails, and the latter will can be regarded as a revocation of the previous gift.

This case is handled by Beijing Henglu Law FirmXue 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

The first step is to clarify the nature and share of the property before making a will, and specify which are the disposable personal shares. The second step is to strictly comply with the formal requirements. A handwritten will should be written and signed by the testator, with the date indicated. A will written by a proxy or printed will requires the presence of at least two witnesses who must sign each page and indicate the date. The third step is that if the will involves jointly owned property, it is advisable for the couple to jointly make the will or separately make the will for their respective shares to reduce ambiguity. The fourth step is that in the event of a dispute, fix the evidence on the nature of the property and the original will and formal materials, and if necessary, apply for handwriting identification. The main legal basis: Articles 1062, 1122, 1133, 1134, and 1153 of the Civil Code of the People's Republic of China. The specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

Three key points of a joint property will: Only the spouse's share can be disposed of, and the excess portion will be invalid; the formality requirements determine the validity, so don't skip the handwritten signature and date; first analyze the property and then discuss the will, and in case of conflict, the latest will shall prevail. For matters involving wills and inheritance, you can consult a lawyer for professional advice.\nInheritance and division of family propertyThe service provides a comprehensive solution that integrates the ownership and registration of real estate.Real estate transactions and construction projectsFor plates, you can refer to the provisions on joint property agreements for referenceDivorce litigation and family disputesFor those who need advice on difficult inheritance disputes, they can consult the columnSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: If a will leaves all the couple's jointly owned property to one person, is the entire will invalid?

It's not the entire will that's invalid. The part exceeding the testator's share is not effective, but the part belonging to his or her own share is still valid. The spouse's share and the part that other inheritors are entitled to according to law shall be handled in accordance with the statutory inheritance or other valid wills. Therefore, in most cases, it's "partially valid and partially invalid".

Q2: What evidence do I need to prepare to prove the validity of the will?

The following documents are required: the original will, the testator's identity and death certificate, the property ownership certificate and investment materials (to determine whether the property is joint or personal), handwriting identification materials, witness statements, and medical records or situation certificates at the time of making the will. For wills involving audio or video recordings, the original storage medium must also be provided to prove the formal requirements and the testator's true intentions.

Q3: How much are the litigation fees for disputes over the validity of a will?

The litigation fees are calculated cumulatively according to the value of the disputed estate, with the assessment value serving as the basis for real estate-related cases. Attorneys' fees are set based on market-regulated rates, typically negotiated on a percentage basis or on a per-case basis. Additional fees may arise for handwriting authentication, real estate appraisals, and property preservation. Clients should clarify the scope of fees before entrusting the case to an attorney.

Q4: How long does it usually take to adjudicate a will case?

The first-instance summary procedure generally takes three months, and the ordinary procedure takes six months; it will take longer if it involves handwriting identification, real estate appraisal, or multiple heirs. If one party appeals, the second-instance cycle will also be extended, and the overall time will depend on the progress of the appraisal and evaluation.

Q5: What should I do if I suspect that the will is forged?

It is possible to apply for a handwriting identification and verify the formal requirements of the will (whether it is handwritten, signed, dated, and whether there are witnesses); at the same time, collect information about the testator's mental state, writing habits, and related materials at the time. If the identification conclusion does not match the will, it can be claimed that the will is not true, and the court will determine its validity according to law.

The above answer is based on the judicial practice in the Beijing area. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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 publicly available 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.