[Direct answer]In the Beijing area, the last will shall prevail, and its formal validity must be reviewed on a case-by-case basis. According to Article 1142 Paragraph 3 of the Civil Code of the People's Republic of China, if there are several wills with conflicting contents, the last will shall prevail. This means that notarized wills no longer have priority over other forms of wills. A will that is legally valid and established later can change the arrangements made in the earlier will. However, the prerequisite are that all wills comply with the statutory formal requirements: there are different requirements for self-written wills, proxy-written wills, printed wills, audio-visual wills, and oral and notarized wills. Those that do not comply with the formal requirements will not be effective. In practice, when dealing with conflicts between multiple wills, it is usually first determined which one is legally valid and which one was established last, and then the distribution of the estate is determined based on this. For parts with unclear content or whose validity cannot be determined, the statutory inheritance process will be applied.

1. Problem background and typical scenarios

The elderly person made several wills in succession: in his early years, he went to the notary office to make one, and in his later years, he wrote another one himself or printed one on a computer and gave it to someone for safekeeping. After his death, different heirs each produced the version that was most favorable to them and each insisted on their own version. Some parties also mistakenly believed that "notarized wills have the highest legal effect" and ignored the self-written wills made later. When handling such cases in the Beijing area, the court will review the form and time of each will to determine its authenticity, validity, and priority.

II. Key points of contention

First, the rules of precedence of effectiveness when multiple wills conflict with each other. Second, whether notarized wills still have priority effectiveness. Third, whether all the formal requirements of the wills are complete. Fourth, whether the testator explicitly revokes the old will when making a new one. Fifth, how to apply the provisions when some content conflicts with each other and some content is consistent.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a statutory inheritance dispute. The decedent, Liu Jie, died after remarrying, leaving behind savings, pensions, funeral expenses, and real estate. His remarried spouse claimed that his two stepdaughters had not fulfilled their duty of support and were not entitled to inheritance, and requested that the real estate be dealt with together. Liu Jie's daughters entrusted lawyer Xiong Binrong of our firm to represent them. One of the disputed issues was the validity and application of Liu Jie's handwritten will. The lawyer pointed out that the handwritten will met the statutory requirements and was a true expression of his will, so the case should be handled according to the will. Regarding the savings, according to the statement signed by Liu Jie and his remarried spouse, the savings belonged to Liu Jie's personal property and should be inherited by his children. Regarding the real estate, Liu Jie had already dealt with it before his death and it was currently registered in his daughter's name, with no disputes among the heirs, so there was no need to deal with it in this case, saving the clients tens of thousands of yuan in litigation fees. The lawyer also pointed out that the real estate was purchased by Liu Jie before his marriage and belonged to his personal property, so his remarried spouse had no right to divide it. The court adopted the lawyer's opinion, determined that the will was legal and valid, and ruled that the savings should be inherited by Liu Jie's children, with the remarried spouse paying them the corresponding compensation. This case shows that when facing multiple documents or property arrangements, the key is to first confirm which one has legal effect and its scope, and then determine the inheritance plan based on that. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, collect all the original wills and verify the number and time of each one; Second, review the formal requirements of each will, with a focus on the signature, date, and witnesses; Third, appraise the authenticity of the applicant's handwriting or the time of formation of the will if there are doubts; Fourth, check whether each will contains a statement of revoking the previous will; Fifth, negotiate the conflicting parts first, and if no agreement is reached, apply to the court to confirm the validity and proceed with the division. For matters involving wills and inheritance, you can refer to the relevant provisions of the Inheritance Law of the People's Republic of China.Inheritance of property and division of family assetsAndSpecial servicesLegal basis: Articles 113 to 139, Article 142, and Article 143 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 Advice

Firstly, notarized wills are no longer given priority. The last legally valid will shall prevail. Secondly, formal requirements are the first threshold for judging the validity of a will. A will that is incomplete may be invalid. Thirdly, when making a new will, it is necessary to explicitly revoke the old will and properly preserve the original copy. Fourthly, the parts of the will whose validity is in doubt shall be handled in accordance with the statutory inheritance system. In cases involving the establishment of a will and inheritance disputes, the parties concerned may resolve the disputes through legal means.\nInheritance of property and division of family assetsFor a comprehensive solution to the service involving the division and transfer of real estate, you can refer to the following information for reference.Real estate transactions and construction projects, those involving notarization and special procedures can be combined togetherSpecial services, you can consult about matters related to enforcement and preservation of rightsCreditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: Which of the multiple wills should be considered valid?

The last will shall prevail. According to Article 1142 Paragraph 3 of the Civil Code of the People's Republic of China, if there are several wills with conflicting contents, the last will shall prevail. The prerequisite are that the will is legal and valid. If the form of the last will is not in accordance with the law or the content is illegal, it may revert to the previously valid will or be handled in accordance with the statutory inheritance law.

Q2: Is a notarized will the most legally binding one?

It is no longer a priority. The Civil Code of the People's Republic of China abolishes the priority of notarized wills and stipulates that the last-made will shall prevail. Notarized wills still have advantages due to their formal standard and strong evidentiary value, but the later-made legal wills can change their arrangements. It is necessary to comprehensively judge them based on their time and effectiveness.

Q3: How to determine whether a will is valid?

First, let's look at the formal requirements: a handwritten will must be written by the testator in his own handwriting, signed and dated; a will written by a proxy, printed, or recorded on audio or video must be signed or recorded by two or more witnesses in accordance with their respective requirements; an oral will is only allowed in emergency situations. Next, we need to check whether the content is true, whether it disposes of the testator's legal property, and whether it violates the mandatory reserved share provisions.

Q4: Can the new will revoke the old one?

Yes. The testator can make a new will to revoke or amend a previous will. It is recommended to explicitly state in the new will that all previous wills are revoked, and to destroy or mark the old ones and keep the originals properly to avoid disputes caused by the coexistence of multiple documents. If the contents of several wills conflict with each other, the latest one shall prevail.

Q5: What should we do about some conflicts?

It can be handled on a case-by-case basis. If the contents are consistent, the provisions in the consistent parts shall be implemented; if the contents are conflicting, the last will shall prevail; and for the parts whose validity cannot be determined, the statutory inheritance shall be applied. It is recommended that professional lawyers review each will and formulate a handling plan after that. If necessary, the validity and scope of application of each will shall be confirmed through litigation.

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

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 Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is provided 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 a timely manner.