[Direct answer]In the Beijing area, according to Article 1135 of the Civil Code of the People's Republic of China, a written will shall be witnessed by two or more witnesses, one of whom shall act as the scribe, and the testator, the scribe, and other witnesses shall sign it and indicate the year, month, and date. In other words, at least two witnesses are required, one of whom shall also act as the scribe, and the testator shall sign it personally. The witnesses must have full capacity for civil conduct and cannot be the heirs or legatees, nor can they have any interest in the heirs or legatees (Article 1140). If there is only one witness, any missing signature or failure to indicate the year, month, and date, the written will will generally be deemed invalid.

1. Problem background and typical scenarios

When the elderly are illiterate or have difficulty writing, they often ask others to write their wills for them. Some families only find a neighbor to act as a witness, while others let their children or relatives be present and sign the will. There are also wills that only have the signature of the writing agent, but no signature of the testator or date. This may seem like a mere formality, but it can directly determine the validity of the will in inheritance disputes. When handling such cases in Beijing, the court strictly reviews the number of witnesses to the written will, the identity of the writing agent, and the signatures and dates of all parties involved.

II. Key points of contention

First, the minimum number of witnesses and the identity requirements of the proxy signatories. Second, whether the testator, the proxy signatories, and other witnesses all need to sign the will. Third, the determination of the witnesses' qualifications and conflicts of interest. Fourth, the impact of missing dates or retroactive additions on the effectiveness of the will. Fifth, how to handle situations where the testator is unable to sign the will.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a case of inheritance disputes over public housing units. Zhang Quan and Liu Cui Fen were a married couple. In 1995, they purchased a house through the unit's housing reform program, and the house was registered as jointly owned by the two of them. In 2021, Zhang Quan drafted a written will, designating 50% of his share of the house to be inherited by his daughter, Zhang Ya, after his death in 2022. Liu Cui Fen and their son, Zhang Zhiqiang, raised objections, claiming that Zhang Zhiqiang had contributed funds to purchase the house and that the inheritance should first involve the division of the property. During the trial, they later claimed that the funds in question were actually a loan. Zhang Ya entrusted Attorney Wei Dazhi of our firm to file a lawsuit. The key disputes concerned the legality and validity of the written will and whether the children's contributions could constitute joint ownership. The lawyer pointed out that the will was dictated by Zhang Quan, witnessed by two witnesses on the spot, and recorded and signed by the notary throughout the process, meeting the formal requirements of the Civil Code of the People's Republic of China for written wills, and should therefore be deemed valid. According to the provisions of the Inheritance Chapter, inheritance should be carried out in accordance with the will. Regarding the contributions, the lawyer emphasized that the house in question was a public housing unit purchased by Zhang Quan based on his status as an employee, and the ownership of the property was determined by policy rather than the contributions. Even if Zhang Zhiqiang had indeed contributed funds, since he did not meet the eligibility criteria for public housing, the contributions could only be regarded as a gift or loan to his parents, and did not constitute joint ownership. The court adopted the lawyer's arguments, ruling that the share of the house owned by Zhang Quan should be inherited by Zhang Ya, and that the house should be jointly owned by Zhang Ya and Liu Cui Fen in a 50/50 split, dismissing all of the defendant's claims. This case demonstrates that the form and witnessing arrangements of a written will are crucial to its validity. The case was handled by Beijing Henglue Law Firm.Yu DawaiThe attorney (practice license number: 11101201010292290, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, arrange for more than two witnesses with no conflicts of interest to be present throughout the process, and have one of them act as a proxy writer; Second, the testator, the proxy writer, and the other witnesses shall sign one by one and indicate the date; Third, check the qualifications of the witnesses to avoid the involvement of the heirs and their interested parties; Fourth, the process of making the will can be video-recorded and the draft preserved simultaneously; Fifth, if the testator is truly unable to write, he/she can use the method of putting a thumbprint or stamping a seal to explain the situation, and if necessary, adopt other forms. For matters involving a proxy-written will and inheritance, reference can be made to the relevant provisions.Inheritance of property and division of family assetsAndSpecial servicesLegal basis: Articles 1135, 1140, and 1143 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. Henglue Law Firm's Reminder

Firstly, it is a mandatory requirement that there must be at least two witnesses. The absence of even one witness may lead to the invalidation of the will. Secondly, the notary, who drafts the will, must also be one of the witnesses and be present throughout the entire process. Thirdly, the signatures and dates of the testator and the witnesses are indispensable. Fourthly, the ineligibility of the witnesses will undermine the validity of the entire will. In cases involving notarized wills and inheritance disputes, the parties concerned may seek legal assistance through the following channels:\nInheritance of property and division of family assetsFor a comprehensive solution to the service, involving the housing reform and real estate registration, you can refer to the relevant information for reference.Property transactions and construction projects, those involving notarization and documents can be combinedSpecial servicesFor matters involving the intertwining of family assets and corporate interests, you can seek advice.Business and contract disputes in enterprisesTeam.

VI. Frequently Asked Questions

Q1: How many witnesses are required for a written will?

It requires the presence of more than two witnesses. According to Article 1135 of the Civil Code of the People's Republic of China, one of them shall draft the will, and the testator, the drafter, and other witnesses shall sign it and indicate the date. The drafter himself is one of the witnesses, so there must be at least two witnesses. If there are not enough witnesses, the formal requirements will be lacking.

Q2: Is it valid if only one person signs the contract on behalf of the other party?

It is usually invalid. If only the attorney signs it, without other witnesses or the testator's signature, or without indicating the date, it does not meet the statutory formal requirements of a holographic will, and is often deemed invalid in practice. It is necessary to ensure that more than two witnesses are present throughout the process and sign the will one by one.

Q3: Who cannot act as witnesses to a will?

According to Article 114 of the Civil Code of the People's Republic of China, persons without capacity for civil conduct, persons with limited capacity for civil conduct, and other persons who do not have the ability to witness cannot act as witnesses; inheritors, legatees, and persons who have an interest in the inheritors or legatees also cannot act as witnesses. Choosing the wrong witnesses may lead to doubts about the validity of the will.

Q4: Is it necessary to videotape a written will?

The law does not mandate video recording, but video recording can significantly enhance the probative force of the will, especially when the testator is unable to write or when the authenticity of the will is disputed afterwards. It is recommended to video record the entire signing and reading process, document the presence of the witnesses, the testator's expression of autonomy and the signing process, and retain the draft of the will and the identity information of all parties involved.

Q5: What should I do if the testator cannot write?

The will may be written by a proxy, but the testator should still sign it. If the testator is unable to sign, he/she may affix his/her fingerprint or indicate his/her approval in other ways, and explain the reasons in the will, which should be witnessed by the witnesses. To reduce risks, it may also be considered to have the notarial will handled by a notary office, or to adopt a will recorded by audio or video and comply with the corresponding formal 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 relevant evidence to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Yu Dawei·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.