[Direct answer]First, look at the time, then look at the form. Article 1142(3) of the Civil Code of the People's Republic of China stipulates that if there are several wills with conflicting contents, the latest will shall prevail; the article also stipulates that the testator may revoke or modify the will he/she has made. According to Article 20 of the original Inheritance Law of the People's Republic of China, the self-written, proxy-written, audio-recorded, and oral wills cannot be revoked or modified by a notarized will, that is, the notarized will shall take precedence. Therefore, the key lies in the time when the legal fact giving rise to inheritance occurs: if the decedent dies before the implementation of the Civil Code, the priority rule of the notarized will in the original Inheritance Law shall apply; if the decedent dies after the implementation of the Civil Code, the latest will shall prevail. In addition, regardless of the rule applied, all wills must comply with the corresponding formal requirements. A will with formal defects may be disqualified; if the contents of the previous will and the subsequent will do not conflict with each other, they shall each be valid.

I. Problem Background and Typical Scenarios

In their later years, elderly people's thoughts often change, and they may sign multiple documents under the persuasion of their children, which is a common cause of inheritance disputes: first notarizing a will, then writing a handwritten one; first writing a handwritten will, then printing one; or even the coexistence of different forms such as written by others, audio and video recordings. Heirs often argue over which one is valid, often ignoring two preconditions: when the decedent died, and whether each will complies with the statutory form. When the Beijing District Court adjudicates such cases, it usually first reviews the legality of the form, and then determines the order of effectiveness according to the time and applicable law.

II. Key points of contention

First, the criteria for distinguishing the application of laws before and after the implementation of the Civil Code. Second, the scope and boundaries of the application of the priority rule for notarized wills. Third, the formal requirements of self-written, proxy-written, printed, and audio/video wills. Fourth, how to handle conflicts in the content of multiple wills. Fifth, the legal effect and consequences of unfulfilled obligations in testamentary wills. Sixth, the burden of proof for the party claiming the invalidity of the will and the time limit for applying for appraisal.

III. Professional analysis by Henglue Lawyers

In a will inheritance dispute handled by Henglue Lawyers, the decedents, Wang Zhiguo and Zhang Hua, were married. They purchased a house in Changping District during their marriage and registered it under Wang Zhiguo's name, which was considered their joint marital property. In 2002, the couple jointly executed a notarized will, stipulating that their respective shares would be inherited by their daughter, with the daughter obligated to pay 100,000 yuan to their son. However, in 2006, Zhang Hua unilaterally executed a handwritten will, declaring the previous notarized will invalid and leaving the house entirely to their son. The couple passed away in 2004 and 2007 respectively, after which the plaintiff sued based on the 2006 handwritten will. Henglue Lawyers' legal strategy involved four steps: First, determine the applicable law. Since the decedents died before the implementation of the Civil Code, the rules of the previous Inheritance Law should be applied; Second, based on the provisions of the Inheritance Law regarding notarized wills, point out that a handwritten will cannot revoke or modify a notarized will, and therefore the 2002 notarized will is legally valid; Third, emphasize that after the death of one spouse, the surviving spouse has no right to unilaterally modify the deceased spouse's will share; Fourth, explain that if the heir of an attached-obligation will is willing to fulfill the obligations, they legally enjoy the right of inheritance, and the subsequent document does not have the effect of modifying the notarized will. The court adopted the above-mentioned views and rejected all the plaintiff's claims. This case also reminds us that after the implementation of the Civil Code, the priority effect of notarized wills has been abolished, and the latest will shall prevail. However, legal facts before the implementation of the Civil Code still apply the provisions at that time. This case was handled by Beijing Henglue Law Firm.Zhu GuiyinAttorney (practice license number: 11101202011246828, subject to the document issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action list: First, determine the time of the decedent's death to determine the applicable law; Second, review the formal requirements of the will one by one, with emphasis on checking for missing signatures or dates; Third, compare whether the contents are conflicting, and those that are not conflicting can be applied concurrently; Fourth, for claims of forgery or invalidity, apply for handwriting or formation time appraisal within the statutory time limit; Fifth, for testamentary wills with obligations, pay attention to whether the obligations have been fulfilled and the attitude of the beneficiaries. For disputes involving testamentary inheritance and multiple wills, reference can be made to the relevant provisions.\nInheritance of property and division of family assetsFor matters concerning the ownership and transfer of property rights, you may refer to the following for reference.Real estate transactions and construction projectsLegal basis: Articles 113 to 142 and Article 114 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021); where the act occurred before the implementation of the said law, Article 20 and Article 21 of the former Inheritance Law of the People's Republic of China shall apply. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Reminder

First, when dealing with multiple wills, time and form are the two main factors. We should first make a judgment and then draw a conclusion. Second, after the implementation of the Civil Code, there will no longer be priority effect of notarized wills, and the last will shall prevail. Third, legal facts before the implementation of the new law shall still be handled in accordance with the provisions at that time, and the new law cannot be applied to them indiscriminately. Fourth, for wills with obligations, we should pay attention to the fulfillment of the obligations. Failure to fulfill the obligations may affect the right of inheritance. For cases involving conflicts of wills and inheritance disputes, they can be resolved through legal procedures.Inheritance of property and division of family assetsThe service provides a comprehensive solution, which can be combined with real estate inheritance and transferProperty sales and construction projectsFor reference, you can check the section related to family assets and debtsCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: Which is more valid, a notarized will or a subsequent handwritten will?

It depends on when the legal facts occurred. If the decedent died before the implementation of the Civil Code, the original inheritance law shall apply, and the notarized will shall have priority. A handwritten will cannot revoke or modify a notarized will. If the decedent died after the implementation of the Civil Code, the last will shall prevail. In addition, both wills must comply with their respective formal requirements, and any part that is not in accordance with the formal requirements shall not be recognized.

Q2: If multiple wills are valid, how can we determine the share of inheritance?

If the contents of the two wills contradict each other, the applicable one shall be determined in accordance with the above-mentioned rules on time and effectiveness; if the contents do not contradict each other, they can be applied concurrently. If part of the property is disposed of by the previous will and part by the subsequent will, and they do not conflict with each other, each will dispose of the corresponding property. In practice, it is necessary to compare the property and shares item by item to form a clear application conclusion and avoid dealing with it in a general way of "the later one replaces all the previous ones".

Q3: If I suspect that the will is forged, how can I provide evidence to prove it?

You can apply for handwriting identification or identification of the time of document formation, and submit comparison samples, such as the deceased's writing materials and signatures. The party claiming that the will is invalid bears the burden of proof. If the party fails to apply for identification within the statutory time limit or provides insufficient evidence, they may face adverse consequences. It is recommended to file an application for identification as soon as possible during the litigation and keep the original will for future reference.

Q4: If the obligations in the testamentary will are not fulfilled, is the will still valid?

It is necessary to distinguish the circumstances. According to Article 1144 of the Civil Code, if there are obligations attached to the inheritance by will or the bequest, the inheritors or the donees shall perform the obligations; if they fail to perform the obligations without justifiable reasons, the people's court may, upon the request of the interested parties or relevant organizations, cancel their right to accept the part of the inheritance with obligations attached. If the obligors expressly state and actually perform the obligations, they shall enjoy the corresponding inheritance rights according to law.

Q5: After the implementation of the Civil Code, do notarized wills still have advantages?

It no longer has priority over other forms. According to Article 1142 of the Civil Code, if there are several wills with conflicting contents, the latest will shall prevail. However, notarized wills still have advantages in terms of evidentiary value. The process of making a notarized will is reviewed by a notary office, and its authenticity and formal compliance are more likely to be accepted, so it is still of significance in terms of evidence collection.

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

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·Attorney Zhu Guiying·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.