[Direct answer]In the Beijing area, it is in principle possible, but subject to two restrictions. According to Article 113 of the Civil Code of the People's Republic of China, a natural person may make a will to designate one or several legal heirs to inherit their personal property, or may donate the property to organizations or individuals other than the legal heirs. Therefore, it is not illegal for a person to not leave their property to a specific legal heir. However, Article 140 of the Civil Code stipulates that a will shall reserve a necessary share of the estate for an heir who lacks the ability to work and has no source of livelihood. Any portion that violates this provision shall be invalid. In addition, the loss of inheritance rights is regulated by law. According to Article 125 of the Civil Code, an heir loses their inheritance rights in the following circumstances: intentionally killing the decedent, killing other heirs to contest the inheritance, abandoning or severely mistreating the decedent, forging, altering, or concealing the will, or interfering with the establishment, modification, or revocation of the will by fraudulent or coercive means.

I. Problem background and typical scenarios

Common situations include: elderly people wanting to leave their property to children who have taken care of them for a long time, rather than to other children with whom they haven't had contact for many years; conflicts among children, where the elderly are worried about potential disputes after their death and ask if they can directly exclude them through a will; and there are also cases where heirs are claimed to have lost their inheritance rights due to serious infringements. There is a tension between testamentary freedom and family ethics and statutory support obligations. Understanding the boundaries can help avoid the will being partially or completely rejected. In practice, many disputes do not stem from the will itself being illegal, but from formal defects or the neglect of mandatory shares, which often determine whether the will can be implemented as expected. You can first learn about it.\nInheritance and division of family propertyThe basic rules.

II. Key points of dispute

The controversy focuses on four points: Firstly, the boundaries of testamentary freedom—whether it is possible to completely disinherit a statutory heir; Secondly, the application conditions of the mandatory share, which require simultaneous fulfillment of the lack of working capacity and the absence of a source of livelihood, and the burden of proof generally lies with the claimant; Thirdly, the determination of loss of inheritance rights, which is a statutory circumstance and usually requires judicial confirmation, and does not automatically occur simply because the will does not mention it; Fourthly, the form and validity of the will. If the form is illegal or there are multiple wills with conflicting content, it is necessary to determine which one prevails according to statutory rules. After the implementation of the Civil Code, the absolute priority of notarized wills is no longer retained, and the latest will generally prevails. This differs from the rules before implementation, and it is necessary to determine the priority based on the time when the inheritance fact occurs.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a will inheritance dispute involving the exclusion of some relatives from the will and the arrangement of obligations. In July 2023, the decedent drafted a self-written will, stipulating that his spouse would inherit a house in Fengtai District, and at the same time requiring his spouse to pay 400,000 yuan to his sister, 300,000 yuan each to his brother and sister, totaling 1 million yuan, after selling the house, and the remaining funds would belong to his spouse. His daughter from his first marriage was excluded from the distribution. After the decedent's death, the three siblings claimed to immediately auction the house and divide the proceeds, suing the spouse and the daughter in court. Our lawyers represented the spouse in the defense. On the one hand, they provided evidence that the self-written will was written, signed and stamped by the decedent in person, with the date specified, which was a complete and legally valid will. On the other hand, regarding the dispute over the performance of conditions, they submitted income certificates and property valuation reports to prove that selling the house at a low price in the short term would harm the interests of all parties, and proposed alternative solutions such as transferring ownership first and deferring payment. The court adopted the defense opinion, determined that the will was legal and valid, and ruled that the house would be inherited by the spouse. All parties should complete the transfer of ownership within the specified time limit, and the spouse should pay a total of 1 million yuan no later than about five years after the transfer. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that the exclusion of a relative in the will does not necessarily lead to the invalidation of the will, but whether the formal compliance and the implementation arrangements are enforceable often determines whether the will can be truly implemented.

IV. Practical suggestions and legal basis

Action list: First, before making a will, assess whether there are heirs who lack the ability to work and have no source of income. If necessary, reserve the necessary share for them; Second, use a notarized will or standard form, and preserve the evidence of the drafting process; Third, if it is necessary to exclude a certain heir, it is recommended to explain the reasons and the logic of property distribution in the will to reduce the possibility of disputes; Fourth, avoid setting unfeasible additional conditions in the will, or make reasonable arrangements for the performance period; Fifth, when there are multiple wills coexisting, timely clean them up and clarify the last one. For matters involving the disposal of real estate, you can refer to the relevant provisions.Real estate transactions and construction projectsFor those interested in overall family wealth planning, please feel free to inquireSpecial services and other casesLegal basis: Articles 1125, 1133, 1141, 1142, and 1143 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, if an heir is not legally incompetent, but the part of the will that violates the mandatory reserved share provisions is invalid, the remaining parts will still be valid. Secondly, the loss of inheritance rights must comply with statutory circumstances and be confirmed, and cannot be claimed solely based on the emotional preferences between relatives. Thirdly, after the implementation of the Civil Code, if the contents of multiple wills conflict, the latest will shall prevail, but the form of the will must be legal and valid. Fourthly, a will with obligations attached should ensure that the obligations can be fulfilled, otherwise it may lead to new litigation. Fifthly, before the division of the estate, the taxes and debts that the decedent should pay according to law should be paid off first. Matters involving enforcement and debt handling can be handled through legal procedures.Creditor's rights and debts, and enforcementPlease introduce the column to us.

VI. Frequently Asked Questions

Q1: Can a will completely exclude a certain child from inheriting any property?

Generally, it is allowed. Natural persons have the right to dispose of their personal property through a will, and it is not illegal to not leave it to a statutory heir. However, if the child lacks the ability to work and has no source of livelihood, the will should reserve a necessary share of the inheritance for them. Otherwise, that part will be invalid, but the rest of the will will still be valid.

Q2: What is a mandatory share?

According to Article 1141 of the Civil Code of the People's Republic of China, a will shall reserve a necessary share of the estate for an heir who lacks the ability to work and has no source of livelihood. The application of this provision requires that two conditions be met simultaneously. The party claiming its application usually needs to provide evidence to prove that he or she lacks the ability to work and has no source of livelihood. The court will determine the necessary share based on the specific circumstances.

Q3: Under what circumstances will one lose the right of inheritance?

According to Article 1125 of the Civil Code of the People's Republic of China, these circumstances include intentionally killing the decedent, killing other heirs for the purpose of disputing the inheritance, severely abandoning or abusing the decedent, severely forging, altering, or concealing the will, and interfering with the establishment, modification, or revocation of the will by fraudulent or coercive means. The loss of inheritance rights usually requires confirmation through appropriate procedures and does not occur automatically.

Q4: Which of the multiple wills is valid?

After the implementation of the Civil Code, if there are several wills with conflicting contents, the latest will shall generally prevail, and the absolute priority effect of the notarized will shall no longer be retained. However, the prerequisite are that all the wills comply with the statutory formal requirements; the wills with illegal form cannot be used as a basis. If there are objections to the authenticity of the will, a handwriting identification can be applied for.

Q5: Can't people who aren't mentioned in the will get any inheritance?

Not necessarily. For the part of the estate not disposed of in the will, the statutory inheritance shall apply, and the first-order heirs, namely spouses, children, and parents, shall inherit it. The inheritance shall generally be distributed equally among the heirs of the same order. If the will only disposes of part of the estate, the remaining estate shall still be subject to the statutory inheritance rules, and the relevant heirs may claim rights to the undisposed part of the estate.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines 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·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. If you encounter disputes, please consult a practicing lawyer in time.