[Direct answer]In the Beijing area, in the event of conflicting content, 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 content, the last will shall prevail; the testator may revoke or modify the will he or she has made. Therefore, when judging the validity of multiple wills, we should first examine whether each will meets the statutory formal and substantive requirements. Those that are invalid or partially invalid cannot be used as a basis; on the premise that all wills are valid, the one made later shall take precedence. It should be noted that the Civil Code no longer stipulates that notarized wills have priority in validity. The rule of "the last will shall prevail" applies equally to notarized wills and wills in other forms. If the content of the various wills is not completely conflicting, the different properties shall be dealt with separately, and the non-conflicting parts may be applied respectively. In cases involving formal defects or disputes over authenticity, appraisal and evidence comparison are often required.

1. Problem background and typical scenarios

It is a common situation in inheritance disputes that elderly people make multiple wills. There are three typical scenarios: first, they make a self-written will, and then they handle a notarized will or a printed will, with inconsistent contents; second, different wills dispose of different properties, with some overlapping and some not; third, the original wills are kept by different heirs, who deny the validity of each other's wills. At this time, how to order and apply the wills directly determines the ownership of the estate.

II. Key points of contention

First, whether the formal requirements of each will are complete and whether they comply with the legal methods of making a will. Second, whether the substantive requirements are met, whether the testator has full capacity for civil conduct, and whether the expression of intent is genuine. Third, the determination of the chronological order, and how to prove the date of making the will. Fourth, whether the content constitutes a conflict, and the way to handle partial conflicts. Fifth, whether the legal effect of the notarized will still takes precedence. These issues need to be reviewed one by one before being sorted out.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm has handled numerous will disputes in inheritance cases and has summarized a four-step review method. First, review the form: handwritten wills, proxies, printed wills, audio and video recordings, and oral and notarized wills each have statutory formal requirements. For example, Article 1135 of the Civil Code requires that a proxy will be witnessed by at least two witnesses and signed by the testator, the proxy, and other witnesses, with the date and month noted. A will with incomplete formal requirements may be invalid. Second, review the substance: the testator must have full civil capacity at the time of making the will, and the expression of intent must be genuine. A will made under fraud or coercion is invalid. Third, compare the time: under the premise that all wills are valid, the latest will shall prevail in accordance with Article 1142 of the Civil Code. The time of making the will can be proven by the will itself, notarization files, and witness statements. Fourth, review the content: if several wills dispose of different properties separately, the non-conflicting parts can each be valid; if there are only partial conflicts, the conflicting parts shall be governed by the latest will, and the remaining parts can still apply. Fifth, notarized wills are no longer given priority: the Civil Code has changed the previous rule that notarized wills have priority in effectiveness. Among all valid wills, the one made later shall prevail. Parties should no longer mistakenly believe that notarized wills must always take precedence. Sixth, original documents and appraisal: for wills whose authenticity is in doubt, the original documents should be preserved and appraisals of handwriting and formation time should be applied for to avoid bearing unfavorable consequences due to insufficient evidence. This case was handled by Beijing Henglue Law Firm.Yu DayiThe attorney (practice license number: 11101201010292290, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: First, collect and fix all the original wills, and make a table comparing the time and form of each will; Second, review the form and substantive clauses of each will one by one, and eliminate invalid wills; Third, appraise the authenticity of the applicant's handwriting and the time of its formation; Fourth, claim the disposition of different properties separately, to avoid generalizing from the particular. For inheritance disputes as a whole, 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 assetsFor matters related to the disposition and registration of real estate, you may refer to the following documents for reference:Real estate transactions and construction projectsFor issues related to evidence and appraisal, you can refer to the following materials for reference.Special servicesLegal basis: Articles 1142, 1135, 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. Henglu Law Firm's Advice

First, when multiple wills coexist, the validity of the wills should be reviewed first, and then the chronological order of the wills should be compared. Second, the notarized will is no longer given priority in terms of effectiveness, and the latest will shall prevail. Third, the formal requirements are the threshold for the validity of the will, which is easily overlooked but often determines the success or failure of the will. Fourth, if there are conflicting provisions in the content of the will, only the conflicting provisions shall be dealt with according to the latest will. For the overall solution of inheritance rights protection, you can consultInheritance of property and division of family assetsThe service is supported. For more information, please visitThe official website of Beijing Henglue Law FirmI understand.

VI. Frequently Asked Questions

Q1: If multiple wills have different contents, which one should be used as the basis for settlement?

Under the premise that they are all valid, the last will shall prevail. According to Article 1142 of the Civil Code, if there are several wills with conflicting contents, the last will shall prevail. However, the prerequisite are that all the wills comply with the formal and substantive requirements; invalid wills shall not be included in the comparison. If the contents are not all in conflict, the non-conflicting parts may be applied separately.

Q2: Is the effectiveness of a notarized will still given priority?

It's no longer a priority. The Civil Code amends the previous rules, and the same principle applies to notarized wills and other forms of wills—the last will takes precedence. In other words, a later-made legal handwritten, assisted, or printed will can override a previous notarized will. Parties should no longer mistakenly believe that notarized wills are necessarily the highest priority.

Q3: How to prove the chronological order of the time when the will was drawn up?

It can be determined based on the date specified in the will, notarization files, witness statements, audio and video recordings, and related correspondence documents. If the date is missing or questionable, an appraisal of the time the document was created can be requested. The heirs should properly preserve the original documents to avoid facing unfavorable consequences due to an inability to prove the chronological order of events.

Q4: How to deal with conflicts in some content?

For the conflicting parts, the last will shall prevail, and the non-conflicting parts may be valid separately. For example, if the previous will disposes of real estate and the subsequent one only disposes of deposits, the two can coexist; if they both involve the same real estate and the content is different, the later statement shall prevail. It is recommended to compare the scope of property disposed by each will item by item.

Q5: What should I do if I suspect that the will is a forgery?

It is necessary to promptly secure the original documents and apply for handwriting authentication. If necessary, apply for paper, ink, and formation time authentication, and at the same time, collect the testator's signature samples and witness materials from other periods. According to the provisions of the Civil Code, those who forge wills may lose their right of inheritance if the circumstances are serious. Whether the forgery is established or not shall be determined based on the results of the authentication and the evaluation of the evidence.

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 evidence materials, to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Yu Weidong·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.