[Direct answer]In the Beijing area, the last legally valid will shall prevail. Article 1142, paragraph 3 of the Civil Code of the People's Republic of China stipulates that if there are several wills with conflicting contents, the latest will shall prevail; the previous rule in the Inheritance Law that gave priority to the validity of notarized wills has been abolished. Therefore, to determine which will is "the highest", it is not about whether it is notarized, but about two points: whether the formal requirements are complete and whether the expression of intention is true. A self-written will must be written, signed, and dated by the testator; a printed will must be witnessed by at least two witnesses, with the testator and witnesses signing each page and dating it; and a dictated, audio-visual, or oral will also has its own legal form requirements. If the formal requirements are missing, the will may be deemed invalid. In addition, the will shall reserve a necessary share for the heir who lacks the ability to work and has no source of livelihood.

1. Problem background and typical scenarios

It's not uncommon for elderly people to make multiple wills, which often lead to disputes among relatives. There are three typical scenarios: first, making a notarized will and then writing a handwritten will to dispose of the same property; second, a printed will lacking witnesses or unsigned on every page is questioned about its authenticity; third, the property disposed of in the will is actually the couple's jointly owned property, and the spouse's share needs to be separated out first. When the Beijing district court hears will inheritance cases, it reviews the formal requirements quite strictly, and any slight flaw may affect the determination of the will's validity.

II. Key points of contention

First, does a notarized will still take precedence? Second, what requirements must different forms of wills meet? Third, can formal defects be rectified with other evidence? Fourth, who bears the burden of proof for the testator's capacity for action? Fifth, how should conflicts between a will and a prior gift be resolved? Sixth, how should conflicts between a mandatory share and the content of the will be resolved?

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a case involving a conditional inheritance dispute arising from a will. The decedent had drawn up a self-written will before his death, leaving his house to his spouse for inheritance, but with the condition that the spouse must sell the house and pay a total of 1 million yuan to the siblings after the sale, with the remainder belonging to the spouse. The three siblings claimed that the will did not specify a payment deadline and demanded the immediate auction of the house and the division of the auction proceeds. The lawyer adopted a two-step strategy: First, to consolidate the validity of the will, the lawyer provided evidence around the circumstances of the handwritten will, the signature and thumbprint, and the witnessing process, demonstrating that the form was complete and the content was legal. Second, to secure a grace period for performance, the lawyer submitted income certificates and property valuation reports, explaining that selling the house at a low price in the short term would harm the interests of all parties. The lawyer actively proposed a "first transfer of ownership and deferred payment" plan, with the spouse responsible for selling the house and making payments within a reasonable timeframe. The court adopted this plan, ruling that the house would be inherited by the spouse and transferred within a specified timeframe, while granting a longer payment period. This case shows that disputes over the validity of a will often intertwine with disputes over the method of performance: first confirm which will is legally valid, then address how to fulfill the obligations. Formal requirements and the true intention of the testator are the two pillars for determining the validity of a will. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, strictly follow the formal requirements when making a will. A handwritten will must be written by the testator himself, signed by him, and dated; Second, if a printed will is used, it is necessary to arrange for more than two uninterested witnesses to sign each page; Third, the content should be clear and specific to avoid causing disputes due to general statements; Fourth, when disposing of the couple's joint property, the spouse's share should be extracted first; Fifth, necessary shares can be reserved for heirs who lack working ability and have no source of livelihood; Sixth, keep the original will and supporting evidence of the will-making process. For matters involving wills and inheritance, you can refer to the relevant provisions of the Inheritance Law of the People's Republic of China.\nInheritance of property and division of family assetsFor cases involving disputes over relatives' property, you may refer to the following for reference.Special servicesLegal basis: Articles 113 to 114, 142 Paragraph 3, 141 and 151 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 Advice

Firstly, notarized wills are no longer given priority, and the last legal will is the standard. Secondly, the formal requirements are strict thresholds, and any omission may be deemed invalid. Thirdly, if there are objections to the authenticity of the will, a prompt appraisal should be applied for, otherwise the party concerned will bear unfavorable consequences. Fourthly, the will can only dispose of the inheritor's own share of the estate. Fifthly, conditional wills should also take into account their enforceability, otherwise it is easy to trigger new litigation. For matters involving will inheritance and family property arrangements, you can consult a lawyer for professional advice.\nInheritance of property and division of family assetsThe service provides a comprehensive solution, which can be applied to complex family disputesSpecial servicesFor reference, you can check the section related to the inheritance of enterprises and equity interestsBusiness and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: Is a notarized will still given priority over a handwritten will?

It is no longer a priority. Since the implementation of the Civil Code of the People's Republic of China on January 1, 2021, the rule that notarized wills have priority in effect has been abolished, and the last legally valid will made will be taken as the basis. That is to say, if the formal requirements of the self-written will made later are complete and the expression of intention is true, it can revoke or modify the previous notarized will. The choice of form should be based on whether it can meet the statutory requirements and truly reflect the testator's will.

Q2: How is a handwritten will considered valid?

The entire content of the will must be written by the testator in his own handwriting, signed by him in his own hand, and indicate the year, month, and day in full. The content must reflect the testator's true intention and not violate legal provisions. If the signature or date is missing, it may lead to disputes over its validity. If there are any alterations, caution should be exercised, and it is recommended to draw up a new will or sign and confirm the altered parts. In practice, when conditions permit, a lawyer can witness the process and retain the materials of the writing process to enhance the probative force of the will.

Q3: What are the requirements for printing a will?

When printing a will, there should be at least two witnesses present to witness the process. The testator and the witnesses should sign each page of the will and indicate the year, month, and date. The witnesses shall not be persons with no capacity for civil conduct, persons with limited capacity for civil conduct, inheritors, legatees, or persons who have an interest in the inheritors or legatees. If there are missing pages or unsigned pages, or if the witnesses are unqualified, it may affect the determination of the will's validity. It is recommended that professionals review the formal requirements to ensure their compliance with legal requirements.

Q4: What should I do if my children don't recognize the will and say that the elderly person is confused?

The party with dissenting opinions shall bear the burden of proof. Merely claiming orally that the testator lacked capacity when making the will is usually not enough to overturn the will; if it is claimed that there is a capacity impairment, evidence such as diagnostic records, appraisal opinions, or witness testimonies should be submitted. If there is no sufficient evidence, the court will generally not accept it. Conversely, if there is indeed evidence showing that the testator could not recognize his own actions at the time, the will may be wholly or partially invalid. In the dispute, it is also possible to apply for a handwriting and formation time appraisal.

Q5: What should I do if there's a conflict between a will and a gift made during one's lifetime?

Generally, the last will made by the testator shall prevail. If the testator first makes a gift and then makes a will to dispose of the same property, and the content of the will conflicts with the previous act, it is usually regarded as the revocation of the previous act by the later will; conversely, if the gift is made after the will and is actually performed, the property will no longer be included in the estate. How to determine this specifically depends on whether the gift has been actually delivered, registered, and whether there are any conditions attached. It is recommended to arrange the disposition of major property in a unified manner to avoid inconsistencies between the past and the present.

The above Q&A is mainly based on judicial practice in Beijing. There may be differences in the interpretation of the law 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, to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Yuan Hang·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.