[Direct answer]Including. Family legal services typically cover matters such as marriage, child-rearing, inheritance, wills, and wealth transfer. According to Article 113 of the Civil Code of the People's Republic of China, natural persons may dispose of their personal property by making a will in accordance with the law and appoint a will executor; Article 145 stipulates that after the commencement of inheritance, the will executor shall be the estate administrator. If no will executor is appointed or fails to perform his duties, the heirs shall promptly elect or apply to the court for appointment. Therefore, drafting wills, conducting formal reviews, arranging witnessing, and executing wills and managing estates are all within the scope of family lawyers' services.

I. Problem background and typical scenarios

Many people believe that family lawyers only handle divorce cases, but in reality, a large number of demands come from elderly people and families with multiple children: they want to distribute property and savings according to their own wishes, avoid disputes over inheritance among children, leave specific property to the party who provides more care, or arrange clear succession paths for business equity and real estate during their lifetime. Common scenarios include: elderly people failing to specify the date of the self-written will, witnesses of the written will being the inheritors themselves, and conflicts between the content of the will and subsequent gifts. When courts in Beijing hear will disputes, they will strictly review the formal requirements and the testator's capacity for making a will. In practice, parties often focus on the outcome and neglect the process. In fact, whether the written documents are complete, whether communication records are preserved, and whether key deadlines are grasped often determine the ultimate handling space. Therefore, it is necessary to sort out materials early, clarify legal grounds, and fix favorable facts. When conducting specific analysis, it is recommended to take the timeline as the main line and match contracts, certificates, communication records, and relevant legal grounds one by one to form a clear handling framework, which is conducive to judging the order and feasibility of various claims.

II. Key points of contention

First, whether the form of the will is legal, and whether the qualifications and formal requirements of witnesses for various types of wills are met. Second, whether the testator had full capacity for civil conduct when making the will, and whether the expression of intent was genuine. Third, whether the property disposed of in the will is the testator's legitimate personal property, and whether it involves the couple's jointly owned shares. Fourth, how to apply the will when it conflicts with the donation and support agreement or the lifetime gift. Fifth, the determination and scope of duties of the executor and estate administrator. Sixth, how to apply when the written agreement conflicts with mandatory legal provisions, and how to determine the validity of the relevant clauses. Seventh, who should bear the burden of proof for key facts, and how to grasp the standard of proof. Eighth, whether the relevant time limits have expired, and whether the interruption or extension of the time limits can be claimed. Ninth, whether the parties themselves have any faults, and the impact of such faults on the final proportion of liability. In addition, attention should also be paid to whether the form of evidence is legal, whether key facts can corroborate each other, and the differences in cost, time, and feasibility of different processing solutions. On this basis, the priority path to be pursued should be determined.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers' work in will matters is typically divided into two stages: pre-litigation and post-litigation. In the pre-litigation stage, we assist clients in organizing a property inventory, confirming ownership and co-ownership situations, selecting an appropriate will form, standardizing the witnessing and signing process, and, if necessary, arranging for a will executor simultaneously. For clients with serious illnesses or advanced ages, we also recommend retaining evidence of their legal capacity. In the post-litigation stage, we assist in resolving inheritance disputes, including interpreting the will's content, organizing negotiations, handling inheritance and real estate registration, and, if necessary, confirming the will's validity and inheritance shares through litigation. In practice, the most common risk of litigation failure stems from formal defects: missing dates, unqualified witnesses, and ambiguous will content, all of which undermine the validity of the will.

IV. Practical suggestions and legal basis

Action list: First, make a property inventory before making a will to distinguish between personal property and marital joint property; Second, strictly follow the statutory form, indicating the date, and the witness should be a person with no interest and qualifications; Third, for elderly or ill testators, keep medical examination reports, videos, and other supporting materials; Fourth, clearly appoint a testamentary executor and specify his duties; Fifth, if the property status changes after the will is made, update it in a timely manner and properly keep the original. For matters related to inheritance and wills, you can refer to the relevant provisions.Inheritance of property and division of family assetsFor matters concerning marital property and family relations, you may refer to the following resources for reference.Divorce litigation and family disputesLegal basis: Articles 113 to 114, 114 and 1147 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 Advice

Firstly, the validity of a will primarily depends on its form, and the absence of essential elements is the main reason for its invalidation. Secondly, a will can only dispose of personal property. For the parts involving jointly owned shares, the inheritance must first be divided. Thirdly, heirs, legatees, and their interested parties are not allowed to act as witnesses. Fourthly, the original copy of the will should be properly preserved to avoid being concealed or tampered with, which may lead to disputes. For disputes involving the drafting and execution of a will and inheritance, they can be resolved through legal means.\nInheritance and division of family assetsThe service acquisition plan involves the inheritance of family property and corporate equity, which can be combined togetherBusiness and contract disputes in enterprisesFor those interested in estate planning involving overseas assets, you may wish to refer to the following information.Financial capital and cross-border transactions involving foreign countriesColumn.

VI. Frequently Asked Questions

Q1: Can family lawyers help write a will?

Yes. A lawyer can assist in organizing assets, selecting a will form, drafting the content, and standardizing the witnessing and signing process, thereby reducing the risk of formal defects. For a holographic will, it is necessary for two or more qualified witnesses to be present, with one of them acting as the scribe, and the date and time of the signing must be specified and signed by all parties. Due to differences in facts and evidence across different cases, the conclusions may vary. Parties should pay attention to relevant statutory time periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, when necessary, choose appropriate approaches and assert claims under the guidance of professional lawyers. It is recommended to consult with all available materials to determine the specific handling approach.

Q2: What materials are needed to prepare a will?

It is necessary to prepare identity proofs, property ownership certificates such as real estate ownership certificates and deposit certificates, marriage and kinship materials, as well as the proposed distribution plan. If it involves corporate equity or overseas property, the corresponding ownership documents should also be provided to facilitate the confirmation of the scope of disposal. Due to differences in facts and evidence in different cases, the conclusions may vary. The parties concerned should pay attention to the relevant statutory periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose appropriate approaches and claim rights in a timely manner under the guidance of professional lawyers. It is recommended to determine the specific handling methods after consulting with complete materials.

Q3: How much does it cost to hire a lawyer to draft a will?

The fees are determined based on the complexity of the case. Simple will drafting and witnessing are relatively limited, while involving property sorting, witnessing arrangements, estate management, or cross-border asset investments are more costly. It is recommended to first clarify the scope of services and the charging method, and then sign a power of attorney contract. Due to differences in facts and evidence across different cases, the conclusions may vary. Parties should pay attention to relevant statutory time periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose appropriate paths and assert claims under the guidance of professional lawyers. It is recommended to determine the specific handling methods after consulting with complete materials.

Q4: How long does it take for a will to be drafted and take effect?

A will is established from the date of its drafting, but it usually takes effect after the death of the decedent. The drafting and witnessing process can generally be completed within a few days to a few weeks; if it is necessary to handle notarization or arrange estate management matters simultaneously, the time will be extended accordingly. Due to differences in facts and evidence in different cases, the conclusions may vary. The parties concerned should pay attention to the relevant statutory periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose appropriate paths and assert claims under the guidance of professional lawyers. It is recommended to determine the specific handling methods after consulting with complete materials.

Q5: Which takes precedence, a will or statutory inheritance?

Where there is a legal and valid will, the inheritance shall be handled in accordance with the will; for the parts not disposed of in the will, the inheritance shall be handled in accordance with the statutory inheritance. If the will conflicts with the donation and support agreement, the donation and support agreement shall take precedence; for several wills with conflicting contents, the latest valid will shall prevail. Due to differences in facts and evidence in different cases, the conclusions of similar issues may vary. The parties concerned should pay attention to the relevant statutory periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose appropriate approaches and claim rights under the guidance of professional lawyers. It is recommended to consult with complete materials to determine the specific handling methods.

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. →Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current 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. If you encounter disputes, please consult a practicing lawyer in time.