[Direct answer]It can be amended. According to Article 1142 of the Civil Code of the People's Republic of China (effective January 1, 2021), a testator may revoke or modify the will they have made; if there are several wills with conflicting contents, the latest will shall prevail. There are three ways to amend a will: first, drafting a new will with complete contents and declaring the previous will as invalid; second, amending part of the original will through legal formalities; third, performing civil legal acts that are contrary to the contents of the will, which shall be deemed as a revocation of the relevant contents. It should be noted that the amendment must comply with legal formalities. A self-written will must be written, signed, and dated by the testator in person; there are strict formal requirements for a proxy-written will, a printed will, a recorded or videotaped will, an oral will, and a notarized will. Any formal defects may render the will invalid, so it is recommended to complete the amendment under the guidance of a lawyer or a notary office.

1. Problem background and typical scenarios

There are all kinds of mistakes in wills: writing down the names or identity information of the heirs incorrectly; inaccurate descriptions of the property, such as the house number and area not matching the actual situation; errors in calculating the distribution ratio; wanting to adjust the beneficiaries after the will is made; and needing to add or remove heirs due to changes in family relationships. There are also cases where parties directly modify or cross out content on the original will, thinking that changing it counts as a modification, but it is ultimately deemed invalid due to not meeting the formal requirements. In inheritance disputes in Beijing, disputes arising from formal defects in wills are very common. Understanding the correct way to modify the will can effectively avoid family members going to court after the testator's death.

II. Key points of contention

First, is the direct amendment of the original will effective? Second, how to determine the order of effectiveness when the contents of multiple wills conflict with each other? Third, if the amended will does not state that the old will is invalid, does it affect its effectiveness? Fourth, is it necessary to notify the original beneficiaries or witnesses when amending the will? Fifth, can a notarized will be amended by a subsequent self-written will? Sixth, if the will is revoked but no new will is established, how should the estate be handled? These issues are directly related to whether the will can be accepted by the court.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers remind that the core of amending a will is "formal legality, clear intent, and clear direction". Firstly, formal legality. After the implementation of the Civil Code, notarized wills no longer have priority effect. When the content of various legally prescribed forms of wills conflicts, the latest one shall prevail, but each one must comply with its own formal requirements. Modifying or deleting content on the original will usually does not produce a change effect, but may instead lead to disputes over authenticity. Secondly, clear intent. The new will should specify the date of drafting and clearly state that it revokes all or part of the previously drafted wills, to avoid the chaotic situation of coexisting and conflicting old and new wills. Thirdly, clear direction. The description of property should be specific to the location, certificate number, or account information, and the identity information of the heirs should be accurate. If necessary, a description of the kinship relationship should be attached. In a will inheritance case handled by Henglue Lawyers, the decedent attached the condition "pay the other heirs after selling the house" in the will, and the heirs had disputes over the method and time limit of performance. Lawyer Yuan Hang, by strengthening the validity of the will and striving for a reasonable time limit for performance, proposed a "first transfer of ownership, deferred payment" plan, which ultimately led to an agreement among all parties and was recognized by the court. This case shows that a will must not only be legally valid, but also be enforceable; any mistakes or unclear provisions will leave room for disputes among family members. This case is provided 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.

IV. Practical suggestions and legal basis

Action suggestions: First, amend the will to draft a complete new one and indicate the revocation of the previous will; Second, keep the custody and handover records of the original will to avoid disputes caused by multiple wills circulating; Third, for complex properties such as real estate and equity, specify the certificate number and disposal method; Fourth, if you are unsure about the formal requirements, seek assistance from a notary office or a lawyer. For related services, please refer to the following links for more information:Inheritance of property and division of family assetsAndSpecial servicesColumn. Legal basis: Articles 1134, 1135, 1136, 1137, 1138, 1139, and 1142 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 Reminder

First, making alterations directly on the will is usually invalid. The correct approach is to draw up a new will. Second, when multiple wills coexist, the latest one shall prevail. Therefore, the new will should state that the old will is revoked. Third, for a will written by a proxy or printed, more than two witnesses must be present, and the witnesses must meet the statutory qualifications. Fourth, if there are significant changes in the family situation after the will is drawn up, it should be reviewed and adjusted in a timely manner. If you need to learn about the services of drawing up and amending wills, you can contact us through\nInheritance of property and division of family assetsAndSpecial servicesFor column consultation, please contact us.Beijing Henglue Law Firm.

VI. Frequently Asked Questions

Q1: Is it valid to directly amend the will by making corrections on it?

It is usually ineffective. Altering or adding/deleting the content of the original will violate the statutory formal requirements, which is likely to lead to disputes over authenticity, and the court often finds it hard to accept it. The correct approach is to draft a new complete will and state that all or part of the previous will is revoked, so as to ensure that the intention expressed is clear and unambiguous.

Q2: Is it necessary to notify the original heirs when amending a will?

The law does not require notification. A will is a unilateral civil legal act, and the testator has the right to amend or revoke it at any time without the consent of the beneficiaries or heirs. However, to avoid disputes after death, it is recommended to keep the new will safely and let trusted people know about the existence and storage location of the will. If necessary, the will can be kept by a lawyer or a notary office.

Q3: Which of the multiple wills takes precedence in the event of a conflict?

In the event of conflicting content, the last will made shall prevail. After the implementation of the Civil Code, notarized wills no longer enjoy priority effect, and various statutory forms of wills shall take precedence over those made later. The prerequisite are that each will complies with its respective formal requirements; a will with formal defects may be deemed invalid, so it is essential to follow standard procedures when drafting it.

Q4: Can a notarized will still be amended?

Yes. After the Civil Code comes into effect, the testator may amend or revoke the original notarized will by executing a new will that complies with the statutory form, without having to go through the notarization process again. However, the new will must also meet the formal requirements. It is recommended to complete the process under professional guidance to avoid the new will being disregarded due to formal issues.

Q5: If the will is written incorrectly, will it be invalid?

It depends on the severity of the error. Minor typographical errors, such as misspellings with clear meaning, generally do not affect the validity of the will; however, if key information such as the location of the property or the identity of the heirs is incorrect and results in the inability to determine the estate or beneficiaries, it may be difficult to enforce the will due to unclear content. It is recommended to carefully check the information before making the will and, if necessary, have a professional lawyer review the will text.

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 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, so as to avoid missing the statutory time limit. →Legal services for inheritance·Beijing Henglue 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. In case of disputes, please consult a practicing lawyer in time.