[Direct answer]In the Beijing area, notarized wills can be revoked or amended, and they do not have an unchangeable legal effect. Article 1142 of the Civil Code of the People's Republic of China stipulates that a testator may revoke or amend a will they have made; if there are several wills with conflicting contents, the latest will shall prevail; if the testator performs a civil legal act contrary to the contents of the will, it shall be deemed as a revocation of the relevant contents of the will. It should be noted that after the implementation of the Civil Code, the priority effect of notarized wills has been abolished. Therefore, from now on, another self-written, proxy-written, or printed will, as long as it is legally formal, can also be amended or even replaced by notarized wills. Of course, if the new will has formal defects, it may be deemed invalid, and in this case, the legally valid will or statutory inheritance shall still be applied.

1. Problem background and typical scenarios

Many elderly people believe that once a will is notarized, it's final and binding, and their children also assume that there's no room for error. Typical scenarios include: elderly people who want to adjust the distribution ratio after notarizing their will, but are worried about the complexity of the process; elderly people who make a self-written will but fail to deal with the original notarized will; elderly people who dispose of the property already disposed of in the will by selling or donating it, but fail to explicitly revoke the will. These situations may lead to disputes among heirs, and the key lies in whether the new actions constitute an effective revocation or modification of the will.

II. Key points of contention

First, can a notarized will be modified by a subsequent ordinary will? Second, how to determine the order of effectiveness when the contents of several wills conflict with each other? Third, does the implementation of civil legal acts contrary to the will constitute a withdrawal, and how to determine the scope? Fourth, whether the formal requirements of the new will are satisfied, and how defects affect its effectiveness? Fifth, the evidentiary force of the notarized will and the burden of proof for other wills. Sixth, how will the estate be distributed after the withdrawal of the will, and whether it will return to statutory inheritance? These issues directly determine the ownership of the estate.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a will inheritance dispute: The decedent, Wang *5, made a self-written will in July 2023, stipulating that the 88-square-meter house at No. 1506 in Fengtai District would be inherited by his spouse, Zhou Min, but with the condition that after selling the house, Zhou Min would pay 400,000 yuan to his sister, Wang *1, and 300,000 yuan each to his brothers, Wang *2 and Wang *3, totaling 1 million yuan, and the remaining amount would belong to Zhou Min. After Wang *5's death, the three siblings claimed that the house should be auctioned immediately and the proceeds divided, and sued Zhou Min in court. Our lawyers developed a two-step strategy: First, to solidify the validity of the will, we provided evidence that the self-written will was in a complete form and cited the provisions of the Civil Code on self-written wills to prove its legality and validity. Second, we sought to obtain a grace period for performance by submitting income certificates and property valuation reports, explaining that selling the house at a low price in the short term would harm both parties' interests, and actively proposed a plan for transferring ownership first and deferring payment. The court accepted our defense arguments, determining that the will was legal and valid, and ruling that the house would be inherited by Zhou Min, with all parties required to complete the transfer of ownership within a specified timeframe. Zhou Min was required to pay 1 million yuan by no later than July 14, 2029. This case shows that the validity of a will depends on whether its form and content are legal, and a will with conditions should also be enforceable. Returning to the issue of revoking a notarized will, the principle is similar: the testator can withdraw or modify the will according to the law, but the new will must be legally valid, and the arrangements with conditions should be specific and clear, otherwise it is easy to cause disputes. This case was handled by Beijing Henglue Law Firm. 恒略律师曾代理一起遗嘱继承纠纷：被继承人王某5于2023年7月立自书遗嘱，将丰台区1506号88平方米房屋由配偶周敏继承，但附条件要求卖房后向姐姐王某1支付40万元、弟弟王某2与妹妹王某3各支付30万元，共计100万元，余款归周敏。王某5去世后，三兄妹主张立即拍卖房屋并分割折价款，将周敏诉至法院。本所律师制定两步策略：一是夯实遗嘱效力，举证自书遗嘱形式完备，结合民法典关于自书遗嘱的规定力证合法有效；二是争取履行宽限期，提交收入证明与房产估值报告，说明短期低价抛售将损害双方利益，主动提出先行过户、延期付款的方案。法院采纳答辩意见，认定遗嘱合法有效，判决房屋由周敏继承、各方限期办理过户，周敏最迟于2029年7月14日前支付100万元。本案说明，遗嘱的效力取决于形式与内容是否合法，附条件的遗嘱还应兼顾可执行性。回到公证遗嘱的撤销问题，道理相似：遗嘱人可依法撤回或变更，但新遗嘱必须形式合法，附条件的安排也要具体明确，否则容易引发争议。本案由北京恒略律师事务所代理。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 List: 1. When amending a will, draft a new will with complete formality, indicating the date and storing it properly; 2. Before disposing of property, pay attention to its relationship with the content of the will to avoid contradictory actions without explanation; 3. For conditional wills, specify the performance period and method; 4. For notarized wills, you can go to the notary office to handle the amendment or revocation procedures; 5. If there are disputes over the effectiveness among heirs, promptly fix the handwriting, witnesses, and time-related evidence. Legal basis: Articles 1142, 1134, and 1136 of the Civil Code of the People's Republic of China (all effective from January 1, 2021), and relevant provisions of the Interpretation (I) of the Inheritance Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court (effective from January 1, 2021). For matters related to wills and inheritance, you can refer to the following documents:Inheritance of property and division of family assetsFor matters involving the transfer of real estate ownership, you may refer to the following for reference.Real estate transactions and construction projectsThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, a notarized will can be revoked or amended, so there's no need to blindly believe in the absolute validity of notarization. Secondly, the form of a new will must be legal, otherwise it may backfire. Thirdly, actions contrary to the will may be regarded as a withdrawal, so it's necessary to be cautious before disposing of the property. Fourthly, the conditions of a conditional will must be specific and enforceable. Fifthly, when a dispute arises, handwriting and time evidence are often the key to victory or defeat. For disputes involving the making of a will and inheritance, they can be resolved through legal means.\nInheritance of property and division of family assetsThe service obtains an overall solution, and those involving property disposal can be combined together.Real estate transactions and construction projectsFor matters involving family affairs and marital property, you can refer to the following for reference.Divorce litigation and family disputes.

VI. Frequently Asked Questions

Q1: Is a notarized will the most legally binding one?

After the implementation of the Civil Code, this will no longer be the case. Under the previous Inheritance Law, notarized wills had priority in terms of legal effect, but the current Civil Code has abolished this rule. In cases where the contents of several wills conflict with each other, the latest will shall prevail. Therefore, a later and legally formalized will can amend a notarized will, but if the new will has formal defects, it may be deemed invalid.

Q2: What evidence is needed to amend a will?

If the claimant asserts that the will is valid, they need to provide the original will, the time it was drafted, information about the witnesses, and handwriting samples; if the claimant asserts that the will was revoked by an opposing act, they need to provide the property disposition contract, the transfer registration, and the transfer records, etc. The evidence is used to prove the legality of the time and form of the will and the existence of the opposing act, and all of these pieces of evidence are indispensable.

Q3: How much does it cost to make a will or change one's will?

The cost depends on the form and complexity. A handwritten will is less expensive, while a notarized will requires paying notary fees. Typically, drafting and printing a will require legal or witnessing services fees. For large-scale estates, it is recommended to have professionals review the form and content. The specific fees shall be subject to the agency's charging standards and the provisions of the entrustment contract.

Q4: How long does it take for a new will to take effect after the revocation of the previous one?

A will takes effect upon the death of the testator, and does not take effect immediately upon its creation. The revocation or modification of a will also takes effect after the testator's death, in accordance with the last valid will. Therefore, the timing and form of the will are of particular importance. When multiple wills coexist, it is necessary to first confirm their validity and chronological order, and then determine which one should be applied.

Q5: What should I do if the other party in a conditional will fails to fulfill their obligations?

The rights can be claimed according to the content of the will. If the heir fails to fulfill the obligations according to the terms of the will, other right holders or the donees may request them to fulfill their obligations, and if necessary, apply to the court for compulsory enforcement or demand that they bear corresponding responsibilities. It is recommended that the will specify the performance period, manner, and breach of contract liability, which will facilitate subsequent claims and enforcement.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the 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 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.