[Direct answer]It's not mandatory. According to the Inheritance Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021), the forms of wills include self-written, proxy-written, printed, audio-visual, oral, and notarized wills. A self-written will can be established by the testator writing and signing it in their own handwriting, and indicating the year, month, and day. It does not require a witness; proxy-written, printed, audio-visual wills must be witnessed by two or more witnesses; oral wills are only allowed in emergency situations and require two or more witnesses. Once the emergency situation ends, the oral will becomes invalid if it can be established in other forms; notarized wills are handled by notary offices. Lawyer's witnessing is not a legal requirement, but as a professional witness, it can enhance the standardization and probative force of the will. It should be noted that persons with no or limited civil capacity, inheritors, legatees, and persons with an interest in the inheritors or legatees cannot serve as witnesses.

1. Problem background and typical scenarios

Old people often struggle with the question of "whether it's necessary to have a lawyer present to make a will valid". Some worry that the will they wrote might be invalid, while others spend a lot of money on notarization but neglect the formal details. In reality, most disputes stem from formal flaws: self-written wills without signatures or dates, witnessed wills with witnesses who are also inheritors, and printed wills with signatures only on the last page. When handling will inheritance cases in Beijing, the first thing the court reviews is whether all formal requirements are met, whether the witnesses are qualified, and whether the expression of intent is genuine.

II. Key points of dispute

First, is it a necessary condition for a lawyer to witness the effectiveness of a will? Second, what are the legal requirements for each of the six forms of wills? Third, what are the restrictions on the qualifications of witnesses and the determination of their interests? Fourth, which will takes precedence when the contents of multiple wills conflict with each other? Fifth, what is the effect of a will that disposes of other people's property or fails to reserve the mandatory share?

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a dispute over inheritance by will. In July 2023, Wang *5 made a self-written will, stipulating that his house would be inherited by his spouse, Zhou Min, with the following conditions: after selling the house, he would pay 400,000 yuan to his sister, and 300,000 yuan each to his brother and sister, with the remaining money going to Zhou Min. After Wang *5's death, the three siblings claimed that the house should be auctioned immediately and the proceeds divided, suing Zhou Min and another inheritor in court. Zhou Min appointed lawyer Yuan Hang from Henglue Law Firm to defend the case. The focus of the dispute was whether the self-written will was valid and how to fulfill the "pay after selling the house" clause. The lawyer developed a two-step strategy: first, to consolidate the validity of the will by proving that the self-written will met the requirements of Article 1134 of the Civil Code of the People's Republic of China, which stipulates that a self-written will must be written, signed, and dated by the testator; second, to seek 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 proposing a solution of transferring ownership first and deferring payment. The court adopted the lawyer's defense opinion, ruling that the will was legal and valid, and ordering that the house be inherited by Zhou Min and transferred within a specified time limit. Zhou Min was required to pay a total of 1 million yuan to the three siblings by July 14, 2029. This case shows that the validity of a will depends on its form and expression of intent, and whether a lawyer witnesses it is not a decisive factor. However, a standard and enforceable will can significantly reduce family disputes. 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, choose an appropriate form of will based on your own situation. A self-written will must be written, signed, and dated by hand. Second, when using forms such as a proxy-written will or a printed will, arrange for more than two unrelated witnesses to be present throughout the process and sign each page. Third, the witnessing process can be recorded on video to preserve the evidence of the text and date. Fourth, if there are multiple wills, make clear statements to revoke the previous versions. Fifth, reserve necessary inheritance shares for heirs who lack the ability to work and have no source of livelihood. For matters related to wills and inheritance, you can refer to the relevant legal provisions.Inheritance of property and division of family assetsAndSpecial servicesLegal 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, witnessing by a lawyer is not a legal requirement, but standardized witnessing can reduce disputes. Secondly, formal requirements are the lifeline of the validity of a will, and both the signature and the date are indispensable. Thirdly, the witnesses cannot be the heirs or the donees and their interested parties. Fourthly, if the contents of multiple wills conflict with each other, the latest will shall prevail. In cases involving the establishment of a will and inheritance disputes, the parties concerned may seek resolution through legal means.\nInheritance of property and division of family assetsFor a comprehensive solution to the service involving property transfer and real estate registration, you can refer to the following information.Real estate transactions and construction projects, those involving notarization and special procedures can be combinedSpecial servicesFor matters involving the intertwining of family assets and corporate interests, please consult a professionalBusiness and contract disputes in enterprisesTeam.

VI. Frequently Asked Questions

Q1: Is it necessary to have a lawyer witness the making of a will?

It's not necessary. Witnessing by a lawyer is not a statutory requirement for the effectiveness of a will. A self-written will can be established by the testator writing, signing, and indicating the date and month of the year in his own handwriting, without the need for a witness. However, for a will written by a proxy, printed, or recorded by audio or video, more than two witnesses must be present. Oral wills are only permitted in emergency situations. The value of witnessing by a lawyer lies in standardization and proof.

Q2: Is the will I wrote myself valid?

The will is valid if it meets the formal requirements. According to Article 1134 of the Civil Code of the People's Republic of China, a handwritten will must be written in its entirety by the testator, signed by him/her, and marked with the year, month, and date. The content of the will must reflect the testator's true intentions and dispose of his/her own legal property. If the will is printed and only signed by hand, or if the date and signature are missing, it may be deemed not to meet the formal requirements of a handwritten will.

Q3: What are the requirements for a witness to a will?

The witness must have full capacity for civil conduct and cannot be an heir or a legatee, nor can he/she have any interest in the heir or the legatee. A written will shall be written by one of the witnesses; a printed will shall require the testator and the witnesses to sign and indicate the date on each page. Choosing the wrong witnesses will result in the invalidity of the will.

Q4: Which of the multiple wills should be taken as the prevailing one?

The last will shall prevail. According to Article 1142 of the Civil Code of the People's Republic of China, if there are several wills with conflicting contents, the last will shall prevail. When making a new will, you can explicitly revoke the previous will and keep it properly to avoid disputes caused by multiple documents.

Q5: Can a will dispose of other people's property?

No. A will can only dispose of the testator's personal legal property. Disposing of the spouse's share of the couple's joint property or the portion of other people's property is invalid. At the same time, the necessary inheritance share should be reserved for the heirs who lack the ability to work and have no source of livelihood. For jointly owned property, it is advisable to first divide the property and then make a will.

The above Q&A is mainly based on judicial practices in Beijing. There may be differences in the interpretation of judgments in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, 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.