[Direct answer]This part is invalid, but it does not affect the validity of the rest of the will. According to Article 113 of the Civil Code of the People's Republic of China, a natural person may dispose of his or her personal property by making a will; Article 122 stipulates that the inheritance is the personal legal property left by a natural person upon his or her death. Therefore, the will can only dispose of the property belonging to oneself. The parts disposing of the spouse's share, other people's property, or state and collective property are not effective. In this regard, if the will fails to reserve the necessary share for an heir who lacks the ability to work and has no source of livelihood, the violated part is also invalid, but the rest of the will remains valid. When handling such cases in Beijing, the court usually first determines the ownership of the property and the testator's share, then deals with the validity and division of the rest of the will. Whether the form of the will complies with the law will also affect the final determination.

I. Problem Background and Typical Scenarios

Common situations include: one spouse leaving all the jointly owned houses to a certain child in the will without considering the spouse's share; the testator including property registered under the child's name or already gifted to others in the will; the testator distributing as inheritance the property deposited or entrusted by others; and the content of the will involving anticipated interests that have not yet been obtained. Such wills are not entirely invalid, but the parts exceeding the testator's rights will not take effect. Parties often mistakenly believe that the invalidity of the disposition of rights and interests renders the entire will invalid, thus missing the opportunity to enforce the valid parts. Therefore, it is necessary to first distinguish the scope of disposition and then determine the validity. You can first learn about it.Inheritance of property and division of family assetsThe relevant rules of the company.

II. Key points of contention

The controversy focuses on four points: Firstly, the determination of property ownership. The registration name, the source of investment, and the acquisition time are the basis for judging whether it is an inheritance. Secondly, the determination of the testator's share. When it involves the couple's joint property, it is usually only possible to dispose of one's own share and requires firstly dividing the property. Thirdly, the handling of partially invalid clauses. The invalid part involves the property being handled according to statutory inheritance, while the valid part is executed according to the will. Fourthly, the form and validity of the will. If the will as a whole does not meet the statutory formal requirements, it does not belong to a partially invalid issue, but the whole is not established. In addition, when the content of multiple wills conflicts, it is also necessary to determine which one should prevail according to statutory rules, which is also a common trigger of disputes in practice.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a will inheritance dispute, in which a relatively typical approach to handling the scope of disposable assets and the method of performance was formed. In July 2023, the decedent executed a self-written will, stipulating that his 88-square-meter house in Fengtai District would be inherited by his spouse, and requiring the spouse to pay 400,000 yuan to his sister and 300,000 yuan each to his brother and sister, totaling 1 million yuan, with the remaining funds belonging to the spouse. After the decedent's death, the three siblings claimed to immediately auction the house and divide the proceeds, suing the spouse and the decedent's daughter in court. The lawyers of our firm represented the spouse in the defense. Firstly, they confirmed that the will was in a complete form. The self-written will was written, signed, and sealed by the decedent himself, with the date specified, and its content was legal, so it should be recognized as valid. Secondly, they proposed an alternative method of performance, explaining that selling the house at a low price in the short term would harm the interests of all parties. They suggested that the house be transferred to the spouse first, and then sold within five years with the payment supported by income certificates and property valuation reports. The court adopted the defense opinion, determining that the will was legal and valid, and ruled that the house would be inherited by the spouse. All parties were required to complete the transfer within the specified time limit, and the spouse would 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 lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. This case suggests that the validity and execution of a will should be dealt with in a layered manner: first, determine the form and the scope of disposable assets, then establish the execution arrangements. The content exceeding the testator's rights scope does not affect the execution of the remaining part of the will.

IV. Practical suggestions and legal basis

Action list: First, complete the inventory of property before making a will and distinguish between personal property and jointly owned property. Only dispose of your own share of the jointly owned property of the couple; Second, verify the ownership registration to avoid disposing of property that has been gifted to others or registered in others' names; Third, keep the time of obtaining property and the investment certificates, so as to facilitate the determination of shares in the future; Fourth, make a will in a standard form and preserve the evidence of the process; Fifth, if the content of the will involves conditions for performance, it should ensure that the conditions can be implemented. For the division of jointly owned real estate, you can refer to the relevant provisions.Property sales and construction projectsYou can learn about the issues related to family property and marital relationsDivorce litigation and family disputesLegal basis: Articles 1122, 1133, 1141, 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. Henglu Law Firm's Reminder

First, the lack of authority to dispose of assets does not result in the invalidity of the entire will, and the valid and invalid parts need to be dealt with separately. Second, where the will involves the couple's jointly owned property, it is advisable to first complete the division of assets and then determine the scope of the assets that can be disposed of by the will. Third, the property corresponding to the invalid part shall be handled in accordance with the statutory inheritance, and it cannot be understood as belonging to the beneficiaries designated by the will. Fourth, a will that does not comply with the formal requirements, is made under fraud or coercion, or is forged or tampered with, is considered invalid in its entirety rather than partially invalid. Fifth, when the content of the will coexists with debts, the debts and taxes that the decedent should pay according to law shall be paid off first. For matters involving debt settlement, it can be handled through legal procedures.Creditor's rights and debts, and enforcementPlease introduce the column to us.

VI. Frequently Asked Questions

Q1: Is it valid to leave all the couple's jointly owned property to their children in a will?

Part of it is valid. The testator can only dispose of the share of property that belongs to him/her. For the part of the jointly owned property that is disposed of in its entirety, the portion exceeding the testator's share shall not take effect; for the portion belonging to the testator himself/herself, if the form of the will is legal and the expression of intention is true, it shall still be valid. In practice, it is usually first to divide the property to determine the share, and then to handle it according to the will and statutory inheritance respectively.

Q2: What should be done with the deceased's property in the will?

This part of the content is invalid and does not affect the validity of the other parts of the will. If the testator obtains rights to the property in the future, whether it can take effect needs to be judged based on the specific circumstances; generally, a will can only dispose of the property that belongs to the testator or can be disposed of according to law at the time of making the will, and has no right to dispose of other people's property.

Q3: How will the property be divided after some of it is deemed invalid?

The property involved in the invalid part shall be handled in accordance with the statutory inheritance, and shall be inherited by the first-order heirs, namely spouses, children, and parents, who shall generally distribute it equally; the valid part shall still be executed in accordance with the will. If the will involves the issue of a reserved share, a necessary share shall be reserved for the heirs who lack working capacity and have no source of livelihood. The violating part shall be invalidated.

Q4: How to distinguish between a completely invalid will and a partially invalid will?

Generally, the invalidity of a contract refers to fundamental defects such as the lack of formal requirements, the contract being concluded under fraud or coercion, or the contract being forged or tampered with. Partial invalidity refers to situations that exceed the scope of rights, such as the lack of authority to dispose of property or violations of the provisions on reserved shares. The former cannot be used as a basis for division, while the latter only becomes invalid within the scope of the violation, and the remaining content remains valid.

Q5: If someone writes a will for someone else's property, is the will still valid?

The rest of the content is generally still valid. It is recommended to check the ownership registration and acquisition certificates before making a will to avoid including property that does not belong to you. If such content has already been included in the will, it can be clarified by making a new will or providing additional explanations. If necessary, consult a lawyer to assess the effectiveness and division plan of the will.

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

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, 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.