[Direct answer]In the Beijing area, it is in principle valid, but subject to necessary restrictions. According to Article 113 of the Civil Code of the People's Republic of China (effective from January 1, 2021), a natural person may make a will to designate one or several legal heirs to inherit their personal property, or may donate it to the state, collectives, or organizations or individuals other than legal heirs. Therefore, the testator may not leave the inheritance to a certain legal heir, as long as the disposition of the property is of their own lawful property, the expression of their intention is genuine, and the form is legal. However, according to Article 114, the will shall reserve a necessary share of the inheritance for an heir who lacks the ability to work and has no source of livelihood. Any disposition of the property that fails to reserve this share shall be invalid. In addition, the will may not dispose of the portion of the marital joint property belonging to the spouse or the property of others. In summary, a will that "does not leave anything to a certain heir" is usually valid, unless it involves the mandatory reserved share or the disposition of others' property.

1. Problem background and typical scenarios

For various reasons, a testator may choose to leave property to some of their children, or even to relatives, friends, or charitable organizations outside of their legal heirs. As a result, other heirs may claim that the will is invalid. Typical cases include: an elderly person leaving all their property to their youngest son, while other children claim that they should also receive a share; a will bequeathing property to a nephew or neighbor who took care of them; and a testator failing to leave a share for a spouse or disabled child who lacks a source of income. When courts in Beijing hear such cases, they respect the freedom of testamentary disposition while also reviewing whether the will violates mandatory provisions such as the mandatory reserved share.

II. Key points of contention

Firstly, the boundaries of testamentary freedom: can certain statutory heirs be completely excluded? Secondly, the objects and calculation of the reserved portion, and the circumstances under which it must be reserved. Thirdly, the effectiveness of testamentary disposal of marital joint property or other people's property. Fourthly, the overall invalidity caused by the illegality of the formal requirements of the will. Fifthly, the legal consequences for the donee who fails to accept the gift in a timely manner after knowing about it. These issues determine the extent to which the will can be executed.

III. Professional analysis by Henglue Law Firm

A will inheritance case handled by Henglue Law Firm involved the situation where the testator excluded some inheritors from the will: The testator made a self-written will, leaving an 88-square-meter house in Fengtai District to his spouse for inheritance. At the same time, he attached conditions requiring the siblings to pay 400,000 yuan to his sister, 300,000 yuan each to his brother and sister, totaling 1 million yuan, after selling the house. The daughter of his ex-wife was excluded from the inheritance. After the testator's death, the three excluded siblings claimed to immediately auction the house and divide the proceeds. After accepting the spouse's commission, the lawyer, on the one hand, cited Article 113 of the Civil Code of the People's Republic of China to argue that the self-written will was complete and legally valid, pointing out that the testator had the right to dispose of his personal property according to his own wishes; on the other hand, regarding the manner and deadline of performance, he submitted income certificates and a property valuation report of about 4.5 million yuan, proposing a transfer of ownership first and deferred payment plan, taking into account the interests of all parties. The court ultimately determined that the will was legal and valid, and set a reasonable deadline for transfer of ownership and payment according to the lawyer's advice. This case shows that as long as it does not violate mandatory provisions such as the reserved share, the testator's exclusion of specific inheritors does not necessarily lead to the invalidity of the will. This case was handled by Beijing Henglue Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action list: First, the will only disposes of the testator's own legal share of property, and the joint marital property shall be divided first; Second, necessary shares shall be reserved for heirs who lack working capacity and have no source of livelihood; Third, the will shall be in the statutory form, with the testator writing and signing it by hand and indicating the date; Fourth, the content shall be clear and specific, stating the property and the method of distribution; Fifth, the donee shall make an acceptance statement within 60 days after knowing that he/she has received the gift, so as to avoid being deemed as having waived the right to accept the gift. Legal basis: Articles 1133, 1134, 1141, 1142, and 1124 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). For matters related to wills and inheritance, you may refer to the following documents for reference:Inheritance of property and division of family assetsServices. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the freedom of making a will is not absolute, and the mandatory share is an unshakable bottom line. Secondly, it is usually valid to not leave a share to a statutory heir, but the part that disposes of other people's property is invalid. Thirdly, an illegally formalized will will result in the entire will being invalid, so special attention should be paid to this. Fourthly, the donee must express their intention within the statutory time limit, otherwise it will be deemed as a waiver. Fifthly, if the excluded heir has objections, they should provide evidence of the validity of the will. Cases involving family property and marriage can be combined together.Divorce litigation and family disputesFor reference, you can check the section related to real estate disposal and transfer of ownershipReal estate transactions and construction projectsFor columns related to the inheritance of corporate equity, you can consult us for adviceBusiness and contract disputes in enterprisesThe team can assist with any other difficult arrangements that may ariseSpecial services.

VI. Frequently Asked Questions

Q1: Can a will not be left to children?

Yes. According to Article 1133 of the Civil Code of the People's Republic of China, a testator may designate one or several legal heirs to inherit his or her personal property, or may donate it to persons other than legal heirs. As long as it does not violate the provisions on the reserved share, does not dispose of others' property, and is in a legal form, a will that does not leave property to a particular child is usually valid.

Q2: What is a mandatory share, and who is eligible to receive it?

The necessary inheritance share is the portion of the estate reserved for heirs who lack the ability to work and have no source of income. According to Article 1141 of the Civil Code of the People's Republic of China, if the will fails to reserve this share, the disposition of the necessary share shall be invalid. Common recipients include spouses without a source of income, children with severe disabilities, or those who are unable to work.

Q3: Is it valid to dispose of a spouse's property in a will?

The part belonging to the spouse is invalid. The couple's joint property should first be divided in half and owned by the spouse. The will can only dispose of the inheritor's own share. If the will disposes of other people's property, the content of that part is invalid, but it does not affect the validity of the other parts of the will.

Q4: Is it possible to leave property to outsiders in a will?

Yes. The testator can donate property to organizations or individuals other than the statutory heirs, which is called a bequest. The donee shall make a statement of acceptance or waiver within 60 days after knowing the bequest. If no statement is made, it shall be deemed that the donee waives the bequest. Special attention should be paid to the time limit.

Q5: Is a will with an invalid form necessarily invalid?

It's usually invalid. A handwritten will must be written by the testator himself, signed and dated with the year, month and day; a will written by a proxy, printed, or recorded on video or audio must have qualified witnesses and comply with formal requirements; and a notarized will must be handled by a notary office. If any of the formal requirements are missing, the will may be deemed invalid. It is recommended to consult a professional as soon as possible to ensure compliance with all legal requirements.

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 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·Attorney Yuan Hang·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.