[Direct answer]In the Beijing area, according to Article 1142 of the Civil Code of the People's Republic of China (effective January 1, 2021), if there are several wills with conflicting contents, the latest will shall prevail. It should be noted that after the implementation of the Civil Code, notarized wills no longer have priority over other forms of wills. As long as the later will meets the statutory formal requirements, it can amend the previous notarized will even without notarization. However, the prerequisite are that each will must meet its own formal requirements. A will with formal defects may be deemed invalid, which does not affect the application of other valid wills. If it is impossible to prove the time or authenticity of the later will, the party claiming the application of the later will may bear adverse consequences. In practice, properly preserving the original will and retaining supporting materials of the drafting process are often more crucial than debating which will is "more formal".

1. Problem background and typical scenarios

Old people have made multiple wills successively, which is one of the most common types of disputes in inheritance cases. Typical situations include: making a notarized will in their early years, and then adjusting the distribution with a self-written will in their later years; making wills separately by spouses, with their contents either echoing or conflicting with each other; making a new will to dispose of jointly owned property after one spouse's death; and the original will being kept by one heir, with other heirs raising objections to its authenticity. When adjudicating such cases in Beijing, the court usually first examines whether the form of the will is legal, then determines whether the content contradicts the law, and finally identifies the applicable parties in chronological order. Due to the variety of will forms and the long time span, the integrity and authenticity of the evidence often determine the outcome of the case.

II. Key points of dispute

First, how to determine the chronological order of multiple wills and what to do if the signing date is missing or has been altered. Second, whether notarized wills still have priority validity. Third, when the content of the will conflicts with other documents, should the entire will be applied or only the conflicting parts be adjusted? Fourth, when the authenticity of the will is in doubt, who should apply for handwriting identification and how should the burden of proof be allocated? Fifth, whether contrary actions taken after the will is drafted are considered a withdrawal of the will. Sixth, how to determine the validity of joint wills between spouses. These issues directly affect the outcome of the inheritance distribution.

III. Professional analysis by Henglue Lawyers

The approach of Henglue Law Firm in handling such disputes is "form first, content second, and then authenticity". Firstly, formal review. A handwritten will must be written, signed, and dated by the testator; a typed will must be witnessed by at least two witnesses; and audio/video and oral wills each have strict requirements. A will that is not legally formalized is difficult to be used as the basis for a judgment. Secondly, content judgment. If the contents of several wills conflict with each other, the latest will shall prevail; if only the conflicting parts are covered by the later will, the unconflicted parts can still be applied. Thirdly, authenticity verification. If a party disputes the authenticity of the will, they may apply for handwriting identification; if neither party can provide comparison samples and does not apply for identification, the court will comprehensively determine the authenticity of the will based on its content, the background of its establishment, and common sense in daily life. In a will inheritance case handled by Henglue Law Firm, the decedent made a handwritten will, leaving the house to his spouse for inheritance and requiring them to pay money to other relatives after selling the house. All parties disputed the manner and time limit of fulfilling the conditions attached to the will. The lawyer, on the one hand, provided evidence that the will was legally formalized and authentic, and on the other hand, proposed feasible solutions for the fulfillment of the conditions, ultimately enabling all parties to reach an agreement and gain the court's recognition. This case shows that a will must not only be legally established, but also consider whether it can be successfully executed. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, if there are several wills, try to state in the new will that the previous wills are revoked to avoid conflicts; Second, keep the original will and the materials of the making process properly, and have a lawyer or a notary office keep them if necessary; Third, after a dispute arises, first check the formal requirements and signing dates of all wills; Fourth, if there are doubts about the authenticity, evaluate the feasibility and cost of handwriting identification in time. For related services, please refer to the following link:Inheritance of property and division of family assetsAndSpecial servicesColumn. Legal basis: Articles 1134 to 1139 and Article 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 decisions.

5. Henglu Law Firm's Reminder

Firstly, after the implementation of the Civil Code, notarized wills are no longer given priority. A later-made legal will can amend a notarized will. Secondly, making alterations directly on the original will is usually invalid and requires a new one to be drawn up. Thirdly, the date of signing the will is crucial, and its absence may make it difficult to determine the order of priority. Fourthly, there are disputes over the validity of joint wills made by married couples, and it is recommended that they each make separate wills. If you need to understand the validity of wills and the handling of inheritance disputes, you can consultInheritance of property and division of family assetsAndSpecial servicesFor column consultation, please contact us.Beijing Henglue Law Firm.

VI. Frequently Asked Questions

Q1: Does a notarized will still have priority effect?

No. After the implementation of the Civil Code, notarized wills will no longer take precedence over other forms of wills. When there are several wills with conflicting contents, the latest will shall prevail. The testator may amend or revoke the previous notarized will through a subsequent legally valid will, but the subsequent will must also comply with the statutory formal requirements, otherwise it may not be accepted as evidence.

Q2: Is the will still valid if it doesn't have a date on it?

There are risks involved. The date is an important basis for determining the priority of wills and the testator's capacity for action. A handwritten will should indicate the year, month, and day. A will without a date may lead to disputes due to incomplete formal requirements, and the court will determine the priority based on other evidence. If the priority cannot be determined, the party claiming to apply the will may face unfavorable consequences.

Q3: If the later will only changes a part of it, are the other parts still valid?

For the conflicting parts, the latest will shall prevail, and the non-conflicting parts shall remain valid. In other words, the later will does not necessarily invalidate the entire previous will, but rather overrides the conflicting content. To avoid misunderstandings, it is recommended to explicitly state in the new will which clauses are revoked and which arrangements are retained, thereby reducing the potential for disputes among family members.

Q4: What should I do if I have doubts about the authenticity of the will?

You can apply to the court for a handwriting authentication and, if possible, provide samples of the testator's signature from other periods as comparison materials. If neither party can provide samples and neither applies for authentication, the court will make a comprehensive judgment based on the content of the will, the background of its establishment, and the witnesses' testimonies. The party with objections bears the burden of proof that the will is not authentic, and evidence that is insufficient will generally not be accepted.

Q5: Is a will jointly made by a couple valid?

There is controversy over this. In practice, a will signed voluntarily by both spouses and with legal content may be deemed valid; however, whether the surviving spouse can unilaterally amend the part of the joint will involving the deceased spouse's property often becomes a point of contention. To reduce risks, it is recommended that spouses each draft their own wills, which makes it easier to adjust the will separately when circumstances change for one party.

The above answer is based on the judicial practice in Beijing. The judicial interpretation 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 a dispute arises, please consult a practicing lawyer in time.