[Direct answer]In the Beijing area, notarization by a lawyer is not a prerequisite for the will to take effect, but it must strictly meet the statutory formalities. According to Article 1136 of the Civil Code of the People's Republic of China, a printed will must be witnessed by two or more witnesses who are present at the time of signing. The testator and the witnesses shall sign each page of the will and indicate the year, month, and day. A lawyer may serve as one of the witnesses, but the key point is not whether it is notarized by a lawyer, but whether the witness's qualifications are legal, the witnessing process is authentic, and the signatures and dates are complete on each page. If only the signature is on the last page, there are no witnesses, the date is missing, or the witnesses have a conflict of interest with the heirs, the court usually deems it invalid. It is recommended to videotape the entire process of printing the will and retain the text. Have two or more unrelated witnesses sign each page, and if necessary, have a professional lawyer witness and issue a certificate of witnessing.

I. Problem background and typical scenarios

With the popularity of printing, more and more elderly people use computers to print wills and then sign them by hand. Although this seems convenient, the risks are significant: some only sign on the last page, some arrange witnesses outside the signing process, and some let their children witness the signing. When inheritance disputes arise, it is found that the wills are deemed invalid, and the estate can only return to legal inheritance division. When handling such cases in Beijing, the court reviews the signatures and dates on each page of the printed wills particularly strictly, and any formal defects may lead to the entire will being disregarded.

II. Key points of contention

First, is it necessary for a lawyer to be involved in witnessing the printing of a will? Second, what are the specific requirements for signing and dating each page, and will omitting a page of signature lead to the will being invalid? Third, what are the criteria for determining the qualifications and interests of witnesses? Fourth, what is the role of notarization or video recording during the witnessing process in determining the validity of the will? Fifth, how should we handle the situation where the will does not explicitly specify the heirs?

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a case of inheritance disputes involving a will. The decedent, Wang Dashan, and his second wife, Liu Shufen, were remarried. After his death, his son, Wang Zhihai, held a printed will of Wang Dashan and a testamentary will written by Liu Shufen, claiming that all the inheritance should be inherited by him; the other heirs entrusted lawyer Li Yonghui of our firm to represent them, arguing that the will was invalid and the inheritance should be divided according to the statutory provisions. One of the key disputes was the formal validity of the printed will. The lawyer pointed out that according to Article 1136 of the Civil Code of the People's Republic of China, a printed will should be witnessed by two or more witnesses, and both the testator and the witnesses should sign each page of the will and indicate the year, month, and date. However, the printed will consisted of three pages, with neither the testator's signature nor the witnesses' signatures and dates on the first two pages, and the content only stated that the testator authorized others to handle all matters and did not specify the inheritors, which should be considered invalid. Regarding Liu Shufen's testamentary will, the lawyer raised doubts about the authenticity of the signature, suggesting that she might not have had full capacity for civil conduct at the time of making the will, and that she had no right to dispose of Wang Dashan's inheritance share, only being able to dispose of her own property. The court adopted some of the lawyer's core opinions, ruling that the printed will was invalid and the testamentary will could only dispose of the testator's own share. In the end, the inheritance share was determined according to the statutory provisions and the valid will, and the parties preserved their rightful shares of the property. The lesson of this case is that the validity of a printed will almost entirely depends on whether the form is standardized, and it is essential to have page-by-page signatures and witnesses. This case was handled by Beijing Henglue Law Firm. 恒略律师曾代理一起遗嘱继承纠纷。被继承人王大山与刘淑芬系再婚夫妻,王大山去世后,其子王志海持王大山的打印遗嘱及刘淑芬的代书遗嘱,主张全部遗产由其继承;另一方继承人委托本所李永慧律师代理,主张遗嘱无效,应按法定继承分割。争议焦点之一即打印遗嘱的形式效力。律师指出,根据《中华人民共和国民法典》第一千一百三十六条,打印遗嘱应当有两个以上见证人在场见证,遗嘱人和见证人应当在遗嘱每一页签名并注明年、月、日;而该打印遗嘱共三页,前两页既无立遗嘱人签名,也无见证人签名及日期,且内容仅表述由他人全权处理、未明确指定继承人,应属无效。针对刘淑芬的代书遗嘱,律师提出签名存疑、订立时可能不具备完全民事行为能力,且其无权处分王大山的遗产份额,只能处分个人财产。法院采纳了律师的部分核心意见,认定打印遗嘱无效,代书遗嘱仅能处分遗嘱人自有份额,最终按法定继承与有效遗嘱结合确定各方份额,当事人保住了应得的房产份额。本案的教训是:打印遗嘱的效力几乎完全取决于形式是否规范,逐页签名与见证缺一不可。本案由北京恒略律师事务所代理。Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as an agent.

IV. Practical Suggestions and Legal Basis

Action list: First, the printed will must be signed by the testator and at least two witnesses on each page, with the date and month indicated; Second, the witnesses must be fully capable of civil conduct with no conflict of interest, and cannot be heirs or legatees; Third, video recording should be done throughout the process, and the printed draft and the signing process should be preserved; Fourth, the content should clearly specify the heirs or legatees and the scope of the property to avoid vague expressions; Fifth, entrust a professional lawyer to witness and issue a certificate of witnessing to reduce the difficulty of providing evidence. For matters involving printed wills and inheritance, you can refer to the relevant provisions.\nInheritance of property and division of family assetsAndSpecial servicesLegal basis: Articles 1136, 1135, 1143, and 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 rulings.

5. Henglu Law Firm's Reminder

Firstly, a printed will is valid even without a lawyer's witness, but if the form is not in accordance with the law, the entire will may be invalidated. Secondly, it is a mandatory requirement that each page be signed and dated, and none of them can be omitted. Thirdly, the witnesses cannot be the heirs or people who have a vested interest in the inheritance, otherwise the will will be questioned. Fourthly, video and witness certificates can help to reconstruct the process of making the will. In cases involving printed wills and inheritance disputes, the parties concerned can seek legal assistance through the courts.\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 documents can be combinedSpecial servicesFor matters concerning the arrangement of family property in a remarried family, you can seek adviceBusiness and contract disputes in enterprisesTeam.

VI. Frequently Asked Questions

Q1: Is it necessary for a lawyer to witness the printing of a will?

It's not necessary. According to Article 1136 of the Civil Code of the People's Republic of China, a printed will requires the presence of two or more witnesses. If the testator and the witnesses sign each page and indicate the date, the formal requirements are met. Having a lawyer witness the will can enhance its standardization and evidentiary value, but the law does not list it as a condition for the will to take effect.

Q2: Is it valid to only sign on the last page?

They are usually invalid or have significant flaws. Printing a will requires the testator and witnesses to sign each page and indicate the date. If only some pages are signed, it is often deemed invalid in practice because it does not meet the statutory formal requirements. To be on the safe side, it is recommended to sign each page and record the process on video simultaneously.

Q3: How many witnesses are required to print a will?

More than two witnesses are required to be present to witness the will. The witnesses must have full capacity for civil conduct and cannot be heirs or legatees, nor can they have any interest in the heirs or legatees. The same requirements apply to the witnessed will and the audio-visual will, which also require more than two witnesses.

Q4: What will happen if the witness is not suitable for the role?

This may lead to doubts about the validity of the will or even its being deemed invalid. If the witness is an heir or has a vested interest in the inheritance, it is difficult to guarantee the neutrality and authenticity of the witnessing process, and the court may not accept it. Therefore, a third party with no vested interest in the inheritance should be chosen as the witness, and their identity and contact information should be retained.

Q5: How to avoid having a will being overturned when printing it?

The key lies in formal standardization and process documentation: ensuring that all pages are signed and dated; verifying the legal qualifications of the witnesses; conducting full video recording of the signing process and retaining the original drafts; maintaining clear and specific content that does not infringe on others' property; and, if necessary, having the agreement witnessed by a lawyer and issuing a notarization certificate. By doing so, a complete chain of evidence can be established, effectively reducing the risk of the agreement being overturned.

The above Q&A is mainly based on judicial practice in Beijing. There may be differences in the adjudication standards in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Li Yonghui·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 you encounter disputes, please consult a practicing lawyer in time.