[Direct answer]In the Beijing area, to determine whether a will truly reflects the testator's intention, four aspects are primarily reviewed: first, whether the formal requirements are legal. A handwritten will must be written, signed, and dated by the testator himself/herself; a typed or printed will must be witnessed by two or more witnesses; second, whether the expression of intention is genuine, and whether there is fraud, coercion, or major misunderstanding; third, whether the testator had full civil capacity when making the will; fourth, whether the content of the will violates the law or public order and good customs. According to Article 1143 of the Civil Code of the People's Republic of China (effective January 1, 2021), a will made by a person with no or limited civil capacity is invalid; a will made under fraud or coercion is invalid; a forged will is invalid; and if the will is tampered with, the tampered content is invalid. If a party disputes the authenticity of the will, they may apply for handwriting identification; and the party claiming that the will is invalid usually needs to bear the corresponding burden of proof.

I. Problem background and typical scenarios

In inheritance disputes, arguments over "whether this is the elderly person's true intention" are very common. Typical situations include: children questioning whether their parents suffered from Alzheimer's disease or other illnesses and lacked cognitive capacity when making a will; claiming that the will was written by others or copied; believing that the elderly person was subject to long-term control or coercion by a particular child; and the content of the will clearly contradicting the elderly person's consistent family arrangements. When handling such cases in Beijing, the court usually makes a comprehensive judgment based on the form of the will, the background of its making, the health status of the testator, common sense of life, and witness testimonies. Since the testator has already passed away, it is difficult to reconstruct their true intentions afterwards, so standardized procedures for making the will and preserving evidence are particularly important.

II. Key points of contention

First, whether formal defects necessarily result in the invalidity of the will, and how to handle minor defects. Second, how to prove that the testator did not have full civil capacity at the time of making the will, and who should bear the burden of proof. Third, how to determine coercion and fraud, and whether circumstantial evidence can prove it. Fourth, how the court determines when handwriting identification cannot be carried out. Fifth, how to handle conflicts between the content of the will and the statutory mandatory share. Sixth, how to review audio and video recordings and oral wills subject to statutory formal requirements. These issues determine whether the will can be accepted as evidence.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers suggest organizing evidence around three main aspects: "form, capacity, and intent". Firstly, on the formal level, the focus is on verifying whether the will was written, signed, and dated by the testator in person; whether the will written by a proxy or printed will was signed by more than two qualified witnesses; and whether the witnesses were inheritors, legatees, or their interested parties. Secondly, on the capacity level, if it is claimed that the testator suffered from a disease affecting cognition at the time of making the will, medical records, diagnosis certificates, or a request for judicial appraisal should be submitted. However, the appraisal institution may reject the case on the grounds of exceeding technical conditions. In this case, the court will judge based on other evidence, and mere speculation is usually insufficient to deny the validity of the will. Thirdly, on the intent level, materials written by the elderly before and after, communication records with relatives and friends, and the time and environment of making the will can all be used to corroborate their true intentions. In an inheritance case handled by Henglue Lawyers, the decedent made two self-written wills successively, leaving the share of the house to the same inheritor. The other party raised objections to the handwriting of the will, but failed to provide comparison samples or apply for appraisal. The lawyers argued that the content of the two wills corroborated each other and the form was legal. Ultimately, the court accepted this view and ruled that the house should be inherited by the inheritor designated in the will, who would then pay the corresponding compensation to the other party. This case shows that raising objections to a will requires evidence support, and mere questioning is difficult to overturn. This case was handled by Beijing Henglue Law Firm.Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

Action recommendations: First, when making a will, keep the materials of the process, such as videos, witness records, and health certificates; Second, keep the original will properly to avoid alteration and loss; Third, if there are objections to the will, collect handwriting samples in time and apply for appraisal; Fourth, if it involves properties such as real estate and equity, sort out the ownership and shares at the same time. For related services, please refer to the following link:\nInheritance of property and division of family assetsAndSpecial servicesColumn. Legal basis: Articles 1134 to 1143 of the Civil Code of the People's Republic of China (all implemented from January 1, 2021), and the provisions on evidence and appraisal in the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented from January 1, 2024). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the formality of the will being legal is a prerequisite for its validity and is indispensable. Secondly, those who claim that the testator lacks capacity to act bear the burden of proof, and relying solely on the testimonies of relatives is often insufficient. Thirdly, handwriting identification requires authentic samples, and it is necessary to pay attention to keeping the elderly's signature materials on a daily basis. Fourthly, anyone who alters the content of the will shall be deemed invalid for the altered part, and those who commit serious violations may even lose their right of inheritance. For more information on the determination of the validity of a will and inheritance litigation services, please contact us viaInheritance of property and division of family assetsAndSpecial servicesFor column consultation, please contact us.Beijing Henglue Law Firm.

VI. Frequently Asked Questions

Q1: If an elderly person is suffering from dementia when making a will, is the will still valid?

If the testator does not have full capacity for civil conduct at the time of making the will, the will is invalid. However, the party claiming that the will is invalid needs to bear the burden of proof and may submit medical records, diagnosis certificates, or apply for an appraisal. In practice, the appraisal may not be possible due to technical limitations, and the court will make a comprehensive judgment based on the time of making the will, the severity of the illness, and other evidence. Mere verbal doubts from relatives are usually not enough to invalidate the will.

Q2: How can we prove that the will was written by the elderly person himself/herself?

Through handwriting identification, the handwriting of the will can be compared with the signatures and manuscripts of the testator from other periods. It is recommended to collect the testator's signature samples from different years, such as bank receipts, letters, and document signatures. If neither party can provide samples and does not apply for identification, the court will comprehensively determine the authenticity of the will based on its content, the circumstances of its creation, and the witness's testimony.

Q3: Is a will written under duress valid?

It's invalid. A will made under fraud or coercion is invalid, and a forged will is also invalid. However, it's quite difficult to prove coercion, which usually requires circumstantial evidence, such as police reports, testimonies from relatives and friends, or if the content of the will clearly contradicts the testator's consistent wishes, or if the environment in which the will was made was abnormal. It is recommended to have neutral witnesses or use notarization when making a will to reduce the risk of being questioned.

Q4: What should I do if the content of the will conflicts with the law?

It depends on the content of the conflict. The will should reserve a necessary share of the inheritance for the heirs who lack the ability to work and have no source of livelihood. If this share is not reserved, it should be set aside first when handling the inheritance, and the remaining part should be dealt with according to the will. In addition, the will can only dispose of the testator's personal legal property. The part disposed of others' property is usually invalid, but this does not affect the validity of the entire will.

Q5: Is a will necessarily invalid if it has flaws?

Not necessarily. If minor flaws do not affect the authenticity and recognizability of the expression of intent, the court may consider it valid; however, the absence of core formal requirements such as handwriting, signature, date, and witnesses often leads to the validity of the will being questioned. To avoid risks, it is recommended to strictly follow the statutory formalities when drafting the will and, if necessary, to have the text reviewed by a professional lawyer.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

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 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. In case of disputes, please consult a practicing lawyer in time.